RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050017119


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that a second award of the Army Commendation
Medal (ARCOM) (correctly known as the ARCOM (First Oak Leaf Cluster)) be
added to her DD Form 214 (Certificate of Release or Discharge from Active
Duty).

2.  The applicant states the second award of the ARCOM is not listed on her
DD Form 214.  She was sent the award after she was discharged.

3.  The applicant provides an award certificate for the ARCOM (First Oak
Leaf Cluster) and Department of the Army, United States Army Criminal
Investigation Command, Permanent Orders 59-1 dated 16 December 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 October 1982.  The application submitted in this case is
dated 11 September 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 enlisted in the Regular Army on 6 May 1974.  She
completed the required training and was awarded military occupational
specialty 95B (Military Police).  She was discharged on 24 January 1977 for
immediate reenlistment.  The applicant reenlisted on 25 January 1977 and
continued to serve on active duty through two reenlistments.

4.  Department of the Army, United States Army Criminal Investigation
Command Permanent Orders 16-1 dated 20 March 1980 awarded the applicant the
ARCOM for meritorious service from 1 May 1979 to 27 April 1980.




5.  The applicant was discharged from active duty on 1 October 1982.  Her
DD Form 214 shows one award of the ARCOM.

6.  The applicant provided a copy of Department of the Army, United States
Criminal Investigation Command Permanent Orders 59-1 dated 16 December
1982.  These orders award the Legion of Merit, the Meritorious Service
Medal, and the Meritorious Service Medal (First Oak Leaf) to other
Soldiers.  The ARCOM (First Oak Leaf Cluster) is not listed; however, the
back page of the orders is not available.

7.  The applicant submitted an award certificate dated 5 January 1983 and
signed by a general officer.  This award certificate shows she was awarded
the ARCOM (First Oak Leaf Cluster) for meritorious service during the
period 25 April 1980 to 20 August 1982.

8.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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.  There are no orders available which authorize award of the ARCOM (First
Oak Leaf Cluster) to the applicant.  However, the applicant has provided an
award certificate which is authenticated by a general officer and shows she
was awarded the ARCOM (First Oak Leaf Cluster) for meritorious service from
25 April 1980 to 20 August 1982.  This evidence is accepted as sufficient
to correct her DD Form 214 to show a second award of the ARCOM.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1985.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:

EA______  MF______  DP______  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:

      a.  deleting the ARCOM from her DD Form 214; and


      b.  adding the ARCOM (First Oak Leaf Cluster) to her DD Form 214.




                            Eric Andersen_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017119                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0020                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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