IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20080019812
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 military records to show award of the Meritorious Unit Commendation and the Army Commendation Medal with first oak leaf cluster.
2. The applicant states, in effect, that he was assigned to the 759th Military Police Battalion from 2 January 1990 through 17 May 1991 and this unit was awarded the Meritorious Unit Commendation for the period 6 November 1990 to 17 April 1991. He also contends that the Army Commendation Medal with first oak leaf cluster was awarded to him as a retirement award.
3. The applicant provides deployment orders, an award certificate for the Army Commendation Medal, an award certificate for the Army Achievement Medal, a DA Form 638 (Recommendation for Award) for the Army Commendation Medal with first oak leaf cluster, a document which shows the 759th Military Police Battalion was awarded the Meritorious Unit Commendation for the period
6 November 1990 to 17 April 1991, his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1999, and a copy of his Officer Record Brief 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. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
31 January 1999 shows, among other awards, the Meritorious Unit Commendation as an authorized award. Since this DD Form 214 already shows the Meritorious Unit Commendation, this portion of the applicant's request will not be discussed further in these Proceedings.
3. Having prior enlisted active service in the U.S. Air Force, the applicant was appointed a Warrant Officer and entered active duty on 8 December 1989. He served in Southwest Asia from 6 November 1990 to 27 March 1991. On
31 January 1999, he retired by reason of sufficient service for retirement in the rank of Chief Warrant Officer Two.
4. The applicant's DD Form 214 for the period ending 31 January 1999 shows, among other awards, that he was awarded one Army Commendation Medal.
5. Evidence of records show that Headquarters, U.S. Army Combined Arms Support Command (USACASCOM), Fort Lee, VA, Permanent Orders Number 342-023, dated 20 October 1998, awarded the applicant the Army Commendation Medal with first oak leaf cluster for meritorious service from
15 November 1988 to 15 November 1998.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Army Commendation Medal with first oak leaf cluster. Therefore, his DD Form 214 for the period ending 31 January 1999 should be corrected to show this award.
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:
a. deleting from item 13 of the applicant's DD Form 214 for the period ending 31 January 1999 the Army Commendation Medal; and
b. adding to item 13 of the applicant's DD Form 214 for the period ending
31 January 1999 the Army Commendation Medal with first oak leaf cluster.
__________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) AR20080019812
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