IN THE CASE OF:
BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090021304
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 record to show he was awarded the Soldier's Medal (SM) and twice awarded the Army Commendation Medal (ARCOM).
2. The applicant states his personnel unit in Germany failed to forward paperwork [for the awards].
3. The applicant provides copies of a citation for the SM and two ARCOM Certificates.
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 14 July 1983. He served in military occupational specialties 63S (Heavy Wheeled Vehicle Mechanic) and 17K (Ground Surveillance Systems Operator, later redesignated military occupational specialty 96R) until his discharge on 10 June 1994. He completed 10 years, 10 months, and 10 days of active military service. His DD Form 214 does show award of any Army Commendation Medal, the Soldier's Medal, or any badges other than a marksmanship qualification badge.
3. Permanent Orders 64-6, Headquarters, 59th Ordnance Brigade, dated
25 August 1989, awarded the ARCOM to the applicant for his heroism on
17 June 1989.
4. General Orders Number 6, Headquarters, Department of the Army, dated
30 March 1990, awarded the SM to the applicant for his heroism on 17 June 1989.
5. The applicant provides an ARCOM Certificate dated 11 August 1989 and an SM citation. The ARCOM Certificate cites the same actions described in the Soldier's Medal citation.
6. The applicant provides a second ARCOM Certificate, dated 14 October 1991, showing he was awarded the ARCOM for meritorious service during the period September 1988 to January 1992 as announced in Permanent Orders 81-10, 59th Ordnance Brigade.
7. Review of the applicant's records indicates entitlement to additional awards not shown on his DD Form 214.
8. Permanent Orders 35-1, Headquarters, Aviation Brigade, Hunter Army Airfield, dated 25 June 1987, awarded the applicant the "Driver-W Badge."
9. Permanent Orders 57-3, Headquarters, Aviation Brigade, Hunter Army Airfield, dated 10 September 1987, awarded the applicant the "Mechanics Badge."
10. Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award. The Army Commendation Medal may be awarded by the appropriate commander as an interim award in those cases involving heroism and for which a recommendation for award of the Soldiers Medal has been submitted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to show he was awarded the SM and twice awarded the ARCOM is partially supported by the evidence in this case.
2. General orders awarded the applicant the SM. Therefore, he is entitled to correction of his records to show this award.
3. The evidence of record indicates the applicant was awarded the ARCOM as an interim award pending approval of the higher award of the SM for his heroism on 17 June 1989. The interim award would have been revoked upon approval of the higher award. Therefore, he is not entitled to correction of his record to show award of the ARCOM for his actions on 17 June 1989.
4. A properly completed certificate shows the applicant was awarded the ARCOM for meritorious service during the period September 1988 to January 1992. He is entitled to correction of his record to show this award.
5. Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver-W Bar and Mechanic Bar. He is entitled to correction of his record to show these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the:
* Soldier's Medal
* Army Commendation Medal
* Driver and Mechanic Badge with Driver-W and Mechanic Bars
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the record to show two awards of the ARCOM.
_______ _ 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) AR20090021304
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090021304
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017065
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal. There are no orders in the applicant's military personnel records revoking the interim award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking Headquarters, U.S. Army, Fort Dix, NJ, Permanent Order Number 124-2, dated 9...
ARMY | BCMR | CY2014 | 20140010581
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * a third award of the Army Commendation Medal (ARCOM) * award of the Driver and Mechanic Badge with Driver-W Bar instead of the First Class Diver Badge 2. His records contain Headquarters, 2nd Brigade, Permanent Orders Number 078-020, dated 19 March 2006, which show he was awarded the ARCOM for outstanding service for the period 1 October 2005 to 1 September 2006. There are...
ARMY | BCMR | CY2004 | 2004100952C070208
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and the Kosovo Campaign Medal. The DD Form 214 correctly shows his status upon leaving active duty and cannot be changed; that is why the US Army Physical Disability Agency is required to issue orders when changing a soldier's TDRL status. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2010 | 20100022249
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 July 1986 to show award of the Army Commendation Medal (ARCOM) and a second Army Achievement Medal (AAM). It states for item 14, from the Soldier's records, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Therefore, his DD Form 214 should be corrected to show award...
ARMY | BCMR | CY2013 | 20130006687
Permanent Orders 2-9, 70th Ordnance Battalion, dated 29 May 1991, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR), announced award of the Driver and Mechanic Badge with Driver-W component bar for his accumulation of over 8,000 miles in 1 year of driving military wheeled vehicles without accident or incident. A Request for Orders (RFO), dated 14 February 1995, as provided by the applicant, states that the applicant had met the requirements for award...
ARMY | BCMR | CY2012 | 20120001435
The applicant requests correction of his military records to show he was awarded the Soldier's Medal (SM). In one of the affidavits in support of the DA Form 638, the grandfather of the child who was struck by the car stated that the applicant ran from his car, crossed the street through traffic and jumped in front of the moving car. The applicant contends that his military records should be corrected by showing he was awarded the SM for his heroic act on 23 December 1976.
ARMY | BCMR | CY2008 | 20080003940
The applicant provides his DD Form 214; an MSM award certificate; the front page of a DA Form 638-1 (Recommendation for Award (for other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 4 September 1991; a DA Form 638-1, dated 29 July 1993; and orders awarding him the Drivers Badge/Wheel [correctly known as the Driver and Mechanic Badge with Driver-W Bar]. The available evidence shows the applicant was awarded two...
ARMY | BCMR | CY2003 | 2003086596C070212
The applicant requests, in effect, that the Meritorious Service Medal, (First Oak Leaf Cluster) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that Block 12f (Foreign Service) of his DD Form 214 be corrected to show the time he spent in Korea and in Germany. The applicant states, in effect, that he served in Korea from 9 December 1974 through 5 January 1976 and in Germany from 17 July 1977 through 17 July 1980 and this time has not been included in...
ARMY | BCMR | CY2007 | 20070010233C080407
The applicant's MPRJ is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM while serving on active duty. The applicant's record is void of any orders, documents, or an award recommendation that shows he was ever recommended for the BSM while serving on active duty. The evidence of record also shows that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and 1...
ARMY | BCMR | CY2010 | 20100017782
The applicant states: * his last name is "Bourque," not "Borque" * he served over 3 years of honorable service [for award of the Army Good Conduct Medal] * he served in Korea from 21 September 1950 through 14 December 1952 and participated in six campaigns * he was attached to the 1st Ordnance, Medium Maintenance Company, when it was awarded the Presidential Unit Citation * he was awarded the marksman medal during basic training at Fort Dix, NJ in 1948 * he is entitled to the Driver and...