IN THE CASE OF:
BOARD DATE: 26 AUGUST 2009
DOCKET NUMBER: AR20090004790
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) to show that he was awarded the Army Commendation Medal (ARCOM).
2. The applicant states that many items were omitted from his DD Form 214; however, most of his issues have been resolved. He states that he is again submitting a copy of the certificate awarding him the Army Commendation Medal, which was issued to him a few days after his discharge.
3. The applicant provides a copy of an Army Commendation Medal certificate indicating that Orders number 000-004 awarded him the Army Commendation Medal; and a copy of his DD Form 214.
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. On 4 August 1989, the applicant enlisted in the United States Army Reserve (USAR) in Wilkes-Barre, Pennsylvania, for 8 years, in the pay grade of E-1. He enlisted in the Regular Army (RA) for 2 years and 22 weeks on 28 June 1990. He successfully completed his training as a single channel radio operator. The applicant was transferred to Korea on 2 December 1990.
3. The applicant was promoted to the pay grade of E-2 on 1 January 1991 and he was promoted to the pay grade of E-3 on 1 June 1991.
4. After completing 1 year and 12 days of service in Korea, the applicant returned to the Continental United States on 13 December 1991. He was promoted to the pay grade of E-4 on 3 March 1992.
5. On 28 November 1992, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 4, at the expiration of his term of service. The DD Form 214 that he was furnished shows that he was awarded the Good Conduct Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge (Rifle
M-16), the Army Lapel Button, the National Defense Service Medal and the Army Achievement Medal.
6. On 4 December 1992, Orders number 000-004 were published awarding the applicant the Army Commendation Medal for meritorious service as a radio operator and COMSEC accounts clerk during Garrison and numerous field training exercises from 23 January 1992 through 23 November 1992.
7. On 26 February 2009, the applicant was furnished a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to add the awards of the Korea Defense Service Medal and the Air Assault Badge. The Army Commendation Medal was not included on his DD Form 215.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that all decorations, medal, badges, citations, and campaign ribbons awarded or authorized will be entered in item 13 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Army Commendation Medal.
2. His contentions have been noted and they are not without merit. The available records show that the orders awarding the applicant the Army Commendation Medal were not published until after his REFRAD. Therefore, the Army Commendation Medal was not included on his DD Form 214. However, in accordance with the applicable regulation, his DD Form 214 should be corrected to include this award.
3. In view of the foregoing, it would now be in the interest of justice to correct the applicants records as recommended below.
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 his DD Form 214 to show that he was awarded the Army Commendation Medal.
_______ _ _XXX______ ___
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) AR20090004790
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004790
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000626
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Combat Infantryman Badge (CIB), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Army Commendation Medal (ARCOM). However, the applicant has not provided and his records do not contain evidence to show he was awarded the ARCOM. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100023808
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea and to show award of the Korea Defense Service Medal. The evidence of record shows the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100023297
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal with First Oak Leaf Cluster, the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait. 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...
ARMY | BCMR | CY2005 | 20050000353C070206
Headquarters, 2nd Armored Division (Forward), Permanent Orders 004-003, dated 9 January 1990 show that the applicant was awarded the Army Good Conduct Medal for the period 4 November 1986 through 3 November 1989. Evidence of record shows that the applicant was awarded the Army Good Conduct Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Good Conduct Medal (1st Award).
ARMY | BCMR | CY2015 | 20150003262
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM) (2nd Award) and the Army Achievement Medal (AAM) (2nd Award). The applicant's request for correction of his record to show he was awarded an ARCOM (2nd Award) and an AAM (2nd Award) is supported by the evidence in this case.
ARMY | BCMR | CY2011 | 20110011739
The applicant requests the Army Commendation Medal and Arizona Service Ribbon be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 May 1991. The applicant provides: * Orders and an award certificate for the Army Commendation Medal * Officer Record Brief * Letter, dated 13 October 1997 * DD Form 215, dated 20 March 1992 * DD Form 214 for the period ending 9 May 1991 CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100000426
On 1 November 2006, the Military Awards Branch issued a DD Form 215 correcting the applicant's 2004 DD Form 214 by adding to item 13 (Decorations, Medals, Badges), the Combat Action Badge, Iraq Campaign Medal, Global War on Terrorism Service Medal, Overseas Service Ribbon, and the Navy Unit Commendation Medal. The applicant's DA Form 2-1 (Personnel Qualification Record) provides the following; a. completion of the Primary Leadership Development Course (PLDC) in 2000; b. completion of the...
ARMY | BCMR | CY2014 | 20140005113
Application for correction of military records (with supporting documents provided, if any). The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2013 | 20130022099
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Commendation Medal * Humanitarian Service Medal * Korea Defense Service Medal * Army Superior Unit Award 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the: * Army Commendation Medal *...
ARMY | BCMR | CY2013 | 20130008703
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 May 2009 to show award of the: * Humanitarian Service Medal * Army Achievement Medal * Meritorious Unit Commendation * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) 2. Permanent orders awarded the applicant the Army Achievement Medal and the evidence of record confirms she was awarded the Humanitarian Service Medal. As a result, the...