RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060011006
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Margaret Patterson
Chairperson
Mr. Larry Racster
Member
Mr. Rodney Barber
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1993 to show two awards of the Army Commendation Medal, one award for valor (correctly known as the Army Commendation Medal with First Oak Leaf Cluster with V Device).
2. The applicant states that his DD Form 214 shows two awards of the Army Commendation Medal; however, one award should be for valor.
3. The applicant provides orders for the Army Commendation Medal with V Device and a copy of his DD Form 214 for the period ending 31 May 1993.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 31 May 1993. The application submitted in this case is dated 27 July 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. The applicant enlisted on 14 November 1962. He remained on active duty through continuous reenlistments until he retired on 31 May 1993 in the rank of command sergeant major.
4. The applicants DD Form 214 for the period ending 31 May 1993 shows two awards of the Army Commendation Medal.
5. Headquarters, 4th Infantry Division General Orders Number 2114, dated
21 July 1967, show the applicant received the Army Commendation Medal with V Device for heroism on 14 March 1967 in Vietnam.
6. Headquarters, 3d Infantry Division Permanent Orders 180-1, dated 19 December 1977, show the applicant received the Army Commendation Medal for meritorious service during the period November 1976 to September 1977.
7. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received two awards of the Army Commendation Medal, one award for valor. Therefore, his DD Form 214 for the period ending
31 May 1993 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster with V Device.
2. Records show the applicant should have discovered the alleged error now under consideration on 31 May 1993; therefore, the time for the applicant to file a request for correction of any error expired on 30 May 1996. 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:
MP_____ _LR_____ __RB___ 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 amending his DD Form 214 for the period ending
31 May 1993 to show the Army Commendation Medal with First Oak Leaf Cluster with V Device.
__Margaret Patterson__
CHAIRPERSON
INDEX
CASE ID
AR20060011006
SUFFIX
RECON
DATE BOARDED
20070315
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0020
2.
3.
4.
5.
6.
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