BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013572
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 two awards of the Army Commendation Medal (ARCOM).
2. The applicant states the ARCOM's are not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and two award certificates for the ARCOM 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 applicant enlisted in the Regular Army on 5 March 1998 and continued to serve on active duty through one reenlistment.
3. The applicants award certificate, dated 2 May 2003, shows he was awarded the ARCOM for meritorious service from 26 November 2002 to 30 April 2003 by Headquarters, 2nd Brigade, 3rd Infantry Division (Mechanized) (Forward), Permanent Order 122-160, dated 2 May 2003.
4. The applicants award certificate, dated 15 June 2003, shows he was awarded the ARCOM with valor for action on 3 April 2003 by Headquarters, 2nd Brigade, 3rd Infantry Division (Mechanized) (Forward), Permanent Order 166-066, dated 15 June 2003.
5. The applicant was honorably released from active duty on 14 November 2003. His DD Form 214 does not show award of the ARCOM.
6. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze V Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze V Device in conjunction with awards of the ARCOM, the Air Medal and the Bronze Star Medal.
7. Army Regulation 600-8-22 states, in pertinent part, that the first Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.
DISCUSSION AND CONCLUSIONS:
Permanent orders confirm the applicant is authorized two awards of the ARCOM, one for meritorious service and one for valor. Therefore, these awards should be added to his DD Form 214.
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 add the ARCOM (First Oak Leaf Cluster) with V Device.
_______ _ 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.
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