IN THE CASE OF:	  

		BOARD DATE:	  30 April 2009

		DOCKET NUMBER:  AR20080014983 


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 that the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states he was awarded the ARCOM on 1 April 1977, less than 30 days prior to his separation.  He claims that the short duration between approval of the award and his separation is likely the reason the award was not added to his DD Form 214.

3.  The applicant provides an ARCOM certificate 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he initially enlisted in the Regular Army and entered active duty on 22 July 1971, and that he reenlisted and began his last active duty enlistment on 11 April 1974.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was initially trained in and awarded the primary military occupational specialty 67N2F (Helicopter Repairer) on 17 December 1971, and that he was awarded the secondary military occupational specialty 76Y (Unit/Organization Supply Specialist) on 13 May 1975.  Item 5 (Overseas Service) shows he completed an overseas tour in Korea from 17 February 1973 through 24 February 1974.

4.  Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 shows that he was promoted to specialist five (SP5) on 4 October 1974.  Item 9 (Awards, Decorations, and Campaigns) shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM), Army Good Conduct Medal (AGCM), and last qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Date Prepared/Reviewed) shows he last reviewed the DA Form 2-1 on 27 October 1976.

5.  The applicant's record contains a DA Form 2166-5 (Enlisted Evaluation Report (EER) covering the period December 1976 through March 1977 in which the applicant was rated as a unit supply clerk for the 155th Aviation Company, Fort Ord, California.  He received a total score of 123.5 points from his rater and indorser out of a possible 125 points.  In section J (Comments) of the EER, the rater commented that the applicant had consistently demonstrated exceptional performance of duty as a supply clerk and had supervised the supply operation of the unit in an outstanding manner.

6.  In section J of the EER, the indorser commented that the applicant performed all duties assigned with enthusiasm, initiative, resourcefulness, and a "can do" attitude.  He also stated that the applicant was knowledgeable in all supply procedures and during the absence of the supply sergeant had assumed those duties.  He further indicated that during the last inspection the applicant reorganized hand receipts with minimum guidance and supervision.  He concluded by stating the applicant's superior performance had directly contributed to accomplishment of the unit's mission.

7.  The applicant's record is void of ARCOM orders or an ARCOM recommendation.

8.  On 8 April 1977, the applicant was honorably released from active duty in the rank of SP5 after completing 3 years of active military service during his last enlistment and a total of 5 years, 8 months, and 6 days of active military service. 
9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his release from active duty (REFRAD) on 8 April 1977, shows he earned the NDSM, AFEM, AGCM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  The applicant provides an ARCOM certificate that shows he was awarded the ARCOM for distinguishing himself by outstanding meritorious service as the Chief Unit Supply Clerk for the 155th Aviation Company, U.S. Army Combat Developments Command (USACDC), Fort Ord, California, for the period 1 April 1974 through 11 April 1977.  The certificate was signed by the commanding general of the USACDC, Fort Ord, California, on 1 April 1977.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM) and states, in pertinent part, that it is authorized to be awarded to members who served in Korea for 30 consecutive or 60 non-consecutive days between 28 July 1954 and a date to be determined by the Secretary of Defense.  Members qualified for the AFEM by reason of service between 1 October 1966 and 30 June 1974 in an area for which the KDSM was subsequently authorized are eligible for both the AFEM and KDSM.

12.  Paragraph 3-17 of Army Regulation 600-8-22 contains guidance on award of the ARCOM.  It states, in pertinent part, that it may be awarded to any member who distinguishes himself by meritorious achievement or meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM so close to his separation that it was not included in his DD Form 214 was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant's last EER resulted in an excellent rating and the comments provided by rating officials appear to show the applicant's performance was sufficiently meritorious to support award of the ARCOM upon his separation from active duty.  Although orders authorizing the ARCOM are normally required to support adding an award to a member's record and/or DD Form 214, in this case the ARCOM certificate appears to be genuine and signed by the proper award approval authority.  Further, the ARCOM certificate provided was not signed until 1 April 1977, just 10 days prior to the applicant's REFRAD.


3.  Given it is not unusual for administrative processing time for awards to exceed the 10 days between the date the certificate was signed and the date the applicant was REFRAD, it is reasonable to conclude this was the reason the award was not added to his record and DD Form 214 prior to his REFRAD.  Therefore, notwithstanding the absence of ARCOM orders, based on the applicant's documented outstanding performance of duty in his last duty assignment as evidenced by his last EER and absent any reason to believe the ARCOM certificate provided by the applicant is not valid, it would be appropriate and serve the interest of justice and equity to add the ARCOM to his record and DD Form 214 as an exception to policy.

4.  The evidence of record also confirms that based on his service in Korea, he is also eligible for the KDSM which should also be added to his record and DD Form 214 at this time.

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 amending item 26 of his DD Form 214 by adding the Army Commendation Medal and Korea Defense Service Medal and by providing him a correction to his DD Form 214 that includes these changes.




      ___________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)                                         AR20080014983



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ABCMR Record of Proceedings (cont)                                         AR20080014983


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