IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20090021512
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 a second award of the Army Commendation Medal (ARCOM) and a third award of the Army Achievement Medal (AAM).
2. The applicant states:
* these medals were presented to him directly after completing a field exercise as well as a work detail
* his approved DA Form 638 (Recommendation for Award), dated 7 November 1995, shows he had one award of the ARCOM and three awards of the AAM in the previous awards section
3. The applicant provides:
* DD Form 214
* DA Form 638
* orders for the ARCOM with first oak leaf cluster
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 applicant's 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 applicant's 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 22 January 1992 and trained as an M1 armor crewman. On 21 January 1996, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows, among other awards, the ARCOM and two awards of the AAM as authorized awards.
4. In support of his claim, the applicant provided an approved DA Form 638 showing Permanent Order Number 320-15, Headquarters, 3rd Armored Cavalry Regiment, dated 16 November 1995, awarded him the ARCOM with first oak leaf cluster for the period 3 July 1993 to 9 December 1995. Item 8 (Previous Awards) of this form shows the ARCOM and three awards of the AAM. He also provided an award certificate for the ARCOM for the period 3 July 1993 to 9 December 1995 which shows Permanent Order Number 320-15.
5. There are no orders for the AAM in the applicant's service personnel records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows one award of the ARCOM. However, orders show he received the ARCOM with first oak leaf cluster. Therefore, his DD Form 214 should be corrected to show these awards.
2. The applicant's DD Form 214 shows two awards of the AAM. However, the applicant's DA Form 638 which shows three awards of the AAM as previous awards is accepted as sufficient evidence on which to amend his DD Form 214 to show three awards of the AAM.
BOARD VOTE:
____x____ _____x___ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 deleting the entries "ARMY COMMENDATION MEDAL" and "ARMY ACHIEVEMENT MEDAL (2ND AWARD)" from his DD Form 214 and replacing them with "ARMY COMMENDATION MEDAL (2ND AWARD)" and "ARMY ACHIEVEMENT MEDAL (3RD 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) AR20090021512
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ABCMR Record of Proceedings (cont) AR20090021512
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