DOCKET NUMBER: AR20090001393
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (OLC) (4th Award).
2. The applicant states, in effect, that his DD Form 214 erroneously reflects in item 18 the entry ARCOM with 1st OLC.
3. The applicant provides his DD Form 214 and ARCOM with 3rd OLC 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 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 applicants record shows that on 31 October 1986, he was honorably separated for the purpose of retirement. The DD Form 214 issued to him at this time shows he completed a total of 20 years and 6 days of active military service and that he held the rank of staff sergeant.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that during his tenure on active duty he earned the following awards: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with two bronze service stars, Republic of Vietnam Campaign Medal (RVNCM), Vietnam Cross of Gallantry with Palm, Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM) (6th Award), Armed Forces Expeditionary Medal (Korea), Army Service Ribbon (ASR), Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 1, Overseas Service Ribbon (OSR), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and ARCOM with 1st OLC (reflected in item 18 as a continuance of item 13).
4. The applicant's official military personnel file (OMPF) contains Headquarters, Combined Arms Center and Fort Leavenworth, Fort Leavenworth, Kansas, Permanent Orders Number 49-1, dated 4 June 1982. This document awarded him the ARCOM for his meritorious service during the period 8 May 1981 through 21 July 1982.
5. The applicant's OMPF also contains Headquarters, 7th Signal Brigade, Permanent Orders Number 100-2, dated 22 December 1983, which awarded him the ARCOM with 1st OLC for his meritorious achievement during the period 10 January 1983 through 23 November 1983.
6. On 14 January 1991, the applicant was recalled to active duty in support of Operation Desert Shield/Storm. The DD Form 214 he was issued on 5 April 1991, the date of his separation, shows he served for a period of 2 months and 22 days. It also shows in item 13 that during his tenure on active duty he earned the Army Service Ribbon and NDSM (2nd Award).
7. On 4 May 1992, a DD Form 215 (Correction to DD Form 214) was issued which amended item 13 of the applicant's DD Form 214, dated 5 April 1991, to add in item 13 the VSM with two bronze service stars, RVNCM with Device
(1960), RVN Gallantry Cross with Palm Unit Citation, AAM, AGCM (6th Award), Armed Forces Expeditionary Medal, NCOPDR with Numeral 2, OSR, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and ARCOM with 2nd OLC.
8. The applicant provides a copy of his ARCOM with 3rd OLC Certificate, dated 18 October 1986. This document shows the applicant was awarded the ARCOM with 3rd OLC upon his retirement date for his meritorious service during the period 18 October 1976 through 17 October 1986.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to add his award of the ARCOM with 3rd OLC was carefully considered and found to have merit.
2. The evidence of record shows that the applicant was awarded the ARCOM with 1st OLC in December 1983 and a retirement ARCOM with 3rd OLC in October 1986. The ARCOM is an award commonly awarded to noncommissioned officers. As such, it is a reasonable presumption that the applicant was awarded the ARCOM with 2nd OLC between December 1983 and October 1986. Therefore, it would be appropriate at this time to correct his DD Form 214 to add the ARCOM with 3rd OLC.
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 13 of his 5 April 1991 DD Form 214 by adding the Army Commendation Medal with 3rd OLC.
_________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) AR20090001393
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