IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100000810
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 award of the Army Commendation Medal (ARCOM) and correction of his name on his ARCOM medal.
2. The applicant states that his ARCOM is not shown on his DD Form 214 and that his last name is misspelled on the reverse side of the ARCOM he was presented in 1981.
3. The applicant provides a copy of his DA Form 4980-14 (ARCOM Certificate) and a photocopy of his ARCOM.
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's record shows he enlisted in the Regular Army on 17 August 1978.
3. The applicant submitted a copy of his ARCOM certificate, dated 20 July 1981, which shows he was awarded an ARCOM for meritorious service.
4. The applicant's official military personnel file (OMPF) contains Permanent Orders 121-1, Headquarters, U.S. Forces Korea, Eighth U.S. Army, dated 21 July 1981, awarding him the ARCOM for meritorious service for the period 6 August 1980 to 16 August 1981.
5. The applicant submitted a photocopy of his ARCOM on which his last name is misspelled with the letter "H" in the second character.
6. Item 1 (Name) of his DD Form 214 spells his last name without the letter "H."
7. The applicant's DD Form 215 (Correction to DD Form 214) shows he was honorably released from active duty on 12 August 1981. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Parachutist Badge, Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm), and Expert Marksmanship Qualification Badge with Rifle Bar.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 (Military Awards) will be entered on the DD Form 214. Each entry will be verified by the Soldier's records.
9. Army Regulation 600-8-22 states that only the name of the awardee is engraved on the reverse of every decoration, the Prisoner of War Medal, and the Army Good Conduct Medal. Normally engraving will be accomplished prior to presentation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the ARCOM by appropriate orders for the period 6 August 1980 through 16 August 1981. Therefore, he is entitled to have his record corrected to show this award.
2. The evidence of record shows that the applicant's last name is correctly spelled without the letter "H" in the second character and that his last name is misspelled on the reverse side of his ARCOM medal. A new medal should be issued with the correct spelling of his name.
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 be corrected by:
a. adding to item 13 of his DD Form 214 the Army Commendation Medal and
b. issuing him an ARCOM medal engraved with the correct spelling of his last name.
_______ _ 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) AR20100000810
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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