BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090007266
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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from Active Duty), dated 11 December 1978.
2. The applicant states, in effect, an ARCOM he was awarded was never added to his DD Form 214.
3. The applicant provides a copy of his 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 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 he enlisted in the Regular Army (RA) and he entered active duty on 22 June 1967. He continually served on active duty for a total of 11 years, 5 months, and 19 days, until being honorably discharged on
11 December 1975 under the provisions of chapter 2, Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of completion of required active service.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows, in
Item 9 (Awards, Decorations and Campaigns), he earned the following awards during his active duty tenure: NDSM [National Defense Service Medal], AFEM [Armed Forces Expeditionary Medal - Korea], VSM [Vietnam Service Medal], VCM [Vietnam Campaign Medal], GCMDL [Good Conduct Medal] (1st award), GCMDL (2nd award), GCMDL (3rd award), and Expert Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's Official Military Personnel File (OMPF) contains a DA Form 638 (Recommendation for Award), dated 3 August 1978. This document shows the applicant was recommended for the Meritorious Service Medal (MSM) for his distinguished meritorious service during the period 26 January 1976 through
15 December 1978. Headquarters, 1st Cavalry Division, Fort Hood, TX, letter, subject: Recommendation for Award, dated 8 November 1978, on file in the applicant's OMPF confirms the MSM recommendation was downgraded to an ARCOM. This letter was signed by the Assistant Adjutant of the 1st Cavalry Division, Fort Hood.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 11 December 1978 shows the entry Vietnam Service Medal with 1 silver service star and 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Armed Forces Expeditionary Medal, Army Good Conduct Medal (3rd award), and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. The applicant provides a copy of his ARCOM certificate that shows he was awarded the ARCOM for meritorious service during the period 26 January 1976 to 15 December 1978.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the ARCOM he received should be added to item 26 of his final DD Form 214 has been carefully considered and found to have merit. Although orders awarding the applicant the ARCOM is not contained in
the available records, evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period 26 January 1976 to
15 December 1978, as evidenced by a DA Form 638, dated 8 November 1978; the 1st Cavalry Division letter signed by the Assistant Adjutant on file in his OMPF, and the ARCOM Certificate he provides. As a result, it would be appropriate to add this award to item 26 of his 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:
a. adding to item 26 of his DD Form 214 for the period ending 11 December 1978 the Army Commendation Medal; and
b. issuing him a correction to his DD Form 214 that reflects this award.
__________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) AR20090007266
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ABCMR Record of Proceedings (cont) AR20090007266
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