IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080020013
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 her award of the Army Commendation Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that the final approval of the award did not occur until after her release from active duty.
3. The applicant provides a copy of the approved DA Form 638 (Recommendation for Award) with order number.
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. The applicant was commissioned a captain in the Army Reserve Veterinary Corps and entered active duty on 2 July 2002.
3. On 25 March 2005, the applicant's command initiated a DA Form 638 recommending her for the award of the Meritorious Service Medal. On 11 April 2005, the intermediate authority recommended the award be downgraded to the Army Commendation Medal. The award approval authority approved the award of the Army Commendation Medal on 13 April 2005.
4. The DA Form 638 shows that U.S. Army Medical Command, Fort Sam Houston, Permanent Order Number 112-2 was issued on 22 April 2005 awarding the applicant the Army Commendation Medal.
5. The applicant was released from active duty on 7 July 2005 and transferred to the U.S. Army Reserve Control Group (Reinforcement) having served honorably for 3 years and 6 days.
6. The applicant is currently serving in the Ready Reserve and has been promoted to major.
7. Her 7 July 2005 DD Form 214 lists her awards as the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.
8. Except what is listed on her DD Form 214, the applicant's Integrated Personnel Electronic Records Management System file contains no copies of orders, certificates, or other notations for any of the applicant's awards or decorations.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that the final approval of the award did not occur until after her release from active duty.
2. The DD Form 638 shows that the applicant was awarded the Army Commendation Medal in accordance with U.S. Army Medical Command, Fort Sam Houston Permanent Order Number 112-2.
3. It is appropriate to correct the applicant's records to show she was awarded the Army Commendation Medal on 22 April 2005.
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 showing that the applicant was awarded the Army Commendation Medal.
___________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) AR20080020013
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