RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 February 2007
DOCKET NUMBER: AR20060006420
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Edward E. Montgomery
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal.
2. The applicant states that the award is not show on his DD Form 214.
3. The applicant provides a copy of the award certificate in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 22 May 1992, the date of his discharge from active duty. The application submitted in this case is dated 27 April 2006.
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 applicants failure to timely file.
3. Records show that the applicant enlisted in the Regular Army on 30 August 1988 and served until he was honorably discharged by reason of physical disability with severance pay on 22 May 1992.
4. The DD Form 214 that was issued at the time of his discharge does not show award of the Army Commendation Medal.
5. The applicant's records contain a Department of the Army Certificate for award of the Army Commendation Medal, dated 13 August 1991. This certificate shows that the applicant was awarded the Army Commendation Medal for meritorious achievement while preparing for combat operations against an enemy of the United States during Operation Desert Shield as an ammunition handler from 15 September 1990 to 15 January 1991.
6. This certificate is authenticated by the commander of the Headquarters and Service Battery, 3rd Battalion, 320th Field Artillery and the Secretary of the Army. The certificate contains the entry ORDERS: #063-005."
7. 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 contends that his records should be corrected to show award of the Army Commendation Medal.
2. Evidence of records shows that orders were promulgated which authorized the applicant award of the Army Commendation Medal. As a result, the applicant is entitled to correction of his records to show award of the Army Commendation Medal
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 May 1992. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
21 May 1995. The applicant did not file with 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:
_JEA____ _JLP___ __EEM___ 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 showing award of the Army Commendation Medal.
_James E. Anderholm____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050014505C070206
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). 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...
ARMY | BCMR | CY2005 | 20050000929C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her military service records be corrected to show award of the Meritorious Service Medal for service during the period from 28 August 1990 to 30 November 1991. The applicant's military records show that she enlisted on 9 November 1983 for a period of 4 years.
ARMY | BCMR | CY2005 | 20050000929C070206
Member Ms. Carol A. Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that her military service records be corrected to show award of the Meritorious Service Medal for service during the period from 28 August 1990 to 30 November 1991. The applicant's military records show that she enlisted on 9 November 1983 for a period of 4 years.
ARMY | BCMR | CY2004 | 20040002784C070208
The applicant requests that his 1992 separation document be corrected to show his service in Southwest Asia between October 1990 and April 1991. He requests that the document be corrected to show entitlement to the awards associated with service in Southwest Asia, including the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by correcting item 18 on his 1992 separation document to...
ARMY | BCMR | CY2005 | 20050007424C070206
The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2004 | 20040008518C070208
Patrick H. McGann, Jr. | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests his Desert Storm service and awards be reflected on his DD Form 214 (Certificate of Release or Discharge From Active Duty). The applicant's DD Form 214 should be corrected to reflect his Army Commendation Medal.
ARMY | BCMR | CY2006 | 20060001259C070205
The applicant requests, in effect, correction of his records to show that he was awarded the Army Good Conduct Medal, the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), and the Cold War Recognition Certificate. He also requests that he be awarded any additional awards and medals to which he is entitled based on his service and that item 5 (Overseas Service), of his DA Form 2-1 (Personnel Qualification Record – Part II), be corrected to show that he served 5 months in...
ARMY | BCMR | CY2004 | 040003578C070208
The applicant requests that his 1992 separation document be corrected to reflect a second award of the Army Commendation Medal, an award of the Meritorious Service Medal, award of the Army Physical Fitness Badge, the Presidential Physical Fitness Badge, the Fort Lewis Distinguished Soldier’s Medal, and completion of the Infantry Leadership Training Course. The applicant provides a copy of his 1992 separation document, a copy of the course completion certification for the Infantry Leadership...
ARMY | BCMR | CY2006 | 20060011448
There are no orders in the applicants service personnel records which show that he was awarded two awards of the Army Commendation Medal. There also is no evidence in his records that he was recommended for award of the Army Commendation Medal on two occasions. Notwithstanding the absence of orders for the Army Commendation Medal, the award certificate presented by the applicant, by itself, is insufficient evidence in this case to show that the applicant was awarded the Army Commendation...
ARMY | BCMR | CY2004 | 20040002023C070208
The applicant requests that his record be corrected to show three awards of the Army Commendation Medal, two awards of the Army Reserve Components Achievement Medal, award of the Armed Forces Reserve Medal with M device, and award of the Kuwait Liberation Medal. The applicant was awarded the second award of the Army Reserve Components Achievement Medal for the four-year period ending in March 1993, after his release from active duty on 17 August 1991. The Board determined that the evidence...