IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080014818
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (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 30 September 1995 to show two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster).
2. The applicant states, in effect, that these medals were not recorded on his DD Form 214 for the period ending 30 September 1995.
3. The applicant provides an award certificate for the Army Commendation Medal for the period 17 March 1987 to 25 March 1990; an award certificate for the Army Commendation Medal, with orders number, for the period 12 April 1990 to 27 April 1991; and a copy of his DD Form 214 for the period ending
30 September 1995 in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior active service in the U.S. Marine Corps and the U.S. Air Force, and inactive service in the U.S. Air Force Reserve, the applicant enlisted in the Regular Army on 5 March 1987. He remained on active duty through continuous reenlistments until he retired on 30 September 1995 in the rank of sergeant first class (SFC)/pay grade E-7.
3. The applicants DD Form 214 for the period ending 30 September 1995 does not show any awards of the Army Commendation Medal.
4. Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form
2-1 (Personnel Qualification Record) shows entitlement to two awards of the Army Commendation Medal.
5. In support of his claim, the applicant provided an award certificate for the Army Commendation Medal for the period 17 March 1987 to 25 March 1990. This certificate shows he was a staff sergeant at the time. However, there are no orders for this award in the available records. A review of the applicant's Official Military Personnel File (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the award certificate in question.
6. The applicant also provided an award certificate which shows that he was awarded the Army Commendation Medal for meritorious service during the period 12 April 1990 to 27 April 1991 by 1st U. S. Support Battalion (Sinai) Orders Number 17-03 on 26 April 1991.
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. Although there are no orders for the Army Commendation Medal for the period 17 March 1987 to 25 March 1990, it appears that this is a typical permanent change of station award for a staff sergeant. The award certificate for this period is contained in the applicant's iPERMS record. Therefore, the award certificate for this Army Commendation Medal is accepted as a sufficient basis for adding the Army Commendation Medal to the applicant's DD Form 214 for the period ending 30 September 1995.
2. The award certificate which shows the applicant received the Army Commendation Medal for the period 12 April 1990 to 27 April 1991 by Orders #17-03 on 26 April 1991 is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 30 September 1995 to show a second award of the Army Commendation Medal.
3. In addition, the applicant's DA Form 2-1 shows he was awarded two awards of the Army Commendation Medal.
4. Therefore, the applicant is entitled to correction of his records to show award of the Army Commendation Medal (First Oak Leaf Cluster).
BOARD VOTE:
___X_____ ___X____ __X____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal with First Oak Leaf Cluster on his DD Form 214 for the period ending 30 September 1995.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014818
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ABCMR Record of Proceedings (cont) AR20080014818
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