RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050014505


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the award of the Army
Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his DD Form 638-1 (Recommendation
for Award of Legion of Merit and Below) and his ARCOM award certificate
verifies he was awarded the ARCOM.

3.  The applicant provides a:

      a.  copy of his DD Form 638-1, dated 8 March 1991.

      b.  copy of Certificate for Award of the Army Commendation Medal,
dated
17 May 1991, signed by a colonel for outstanding meritorious achievement
while assigned to Alpha Battery, 1st Battalion, 5th Field Artillery during
Operation Desert Storm from 17 January 1991 to 28 February 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
11 June 1992, the date of his discharge from active duty.  The application
received in this case is dated 6 October 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he enlisted in the Regular Army on 5
July 1989.  He successfully completed basic combat training and advanced
individual training and was awarded the military occupational specialty
13B10 (Cannon Crewmember).

4.  The applicant was assigned to Alpha Battery, 1st Battalion, 5th Field
Artillery, 1st Infantry Division, and was deployed to Saudi Arabia during
the period  
29 December 1990 to 11 May 1991.
5.  On 11 June 1992, the applicant was discharged under honorable
conditions.  He had completed 2 years, 11 months, and 7 days of active
service.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army
Achievement Medal, National Defense Service Medal, Army Service Ribbon,
Southeast Service Medal (interpreted as the Southwest Asia Service Medal)
with 3 bronze service stars, and Kuwait Liberation Medal.  However, it does
not show he was award the ARCOM.

7.  Section VI (Orders Data) of the DA Form 638-1, show that Headquarters,
 
1st Infantry Division Artillery, Permanent Order Number 2-6 (62), dated 10
March 1991 awarded the applicant the ARCOM.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after  
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the
award of the ARCOM.

2.  Section VI of the DA Form 638-1 submitted by the applicant records the
issuing headquarters and the permanent order number for the applicant's
ARCOM.  The records also show that the certificate was signed by the
appropriate commander.

3.  Based on the preponderance of the evidence in this case, it is
appropriate to accept the copy of the DA Form 638-1 and the award
certificate as authentication of entitlement to the award of the ARCOM.
Therefore, it is appropriate to add the ARCOM to the applicant's DD Form
214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 June 1992, the date of his
discharged from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 10 June 1995.
 The applicant did
not file within the 3-year statute of limitations.  However, compelling
evidence shows that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

___jmm _  ___nh___  ___rjo___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by adding the ARCOM in item 13 of his DD
Form 214.




                            _________Robert J. Osborn, II_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200500014505                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]