RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2007
DOCKET NUMBER: AR20070003967
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Robert J. Osborn, II
Member
Mr. Michael J. Flynn
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 award of the Army Commendation Medal.
2. The applicant states that the Army Commendation Medal was awarded on 13 June 1991.
3. The applicant further states that while he was going over his records, he noticed the award not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
4. 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 or injustice which occurred on 10 March 1993, the date of his release from active duty. The application submitted in this case is dated 28 February 2007.
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 23 November 1988. Records further show that the applicant completed advanced individual training and was awarded military occupational specialty 68B (Aircraft Powerplant Repairer). The applicant served in Southwest Asia (SWA) during the period 12 September 1990 through 10 April 1991. The applicant was honorably released from active duty on 10 March 1993.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Commendation Medal.
5. The applicant's DA Form 2-1 (Personnel Qualification Records) is not available for review.
6. The applicant provided a Department of the Army Certificate for award of the Army Commendation Medal, dated 13 June 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 aircraft powerplant repairer from 22 September 1990 to 16 January 1991.
7. This certificate is authenticated by a brigade level commander and contains the order number 8-189.
DISCUSSION AND CONCLUSIONS:
1. The orders show the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his records to show this award.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 March 1993; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 March 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:
__JTM __ __MJF _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 showing award of the Army Commendation Medal.
____John T. Meixell_____
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.
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