IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100010181
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).
2. The applicant states that his awards of the ARCOM and the AGCM were not included on his DD Form 214.
3. The applicant provides no additional documents with 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 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 15 April 1968 for a period of 3 years and training as a military policeman. He completed his basic training at Fort Bliss, Texas, and his advanced individual training as a military policeman at Fort Gordon, Georgia.
3. He was transferred to Germany on 28 December 1968 for assignment to the 94th Military Police Battalion in Kaiserslautern. He was promoted to the rank of sergeant on 10 September 1969.
4. On 5 January 1971, General Orders Number 6, issued by Headquarters, U.S. Army Europe and Seventh Army, awarded the applicant the ARCOM for meritorious service from December 1968 to January 1971.
5. On 16 January 1971, the applicant was honorably released early from active duty at Fort Dix, New Jersey, to attend school. He had served 2 years, 9 months, and 7 days of total active service and his DD Form 214 issued at the time of his separation shows he was awarded the National Defense Service Medal.
6. A review of his records shows he had "excellent" conduct and efficiency ratings throughout his entire service and his record is void of any derogatory information that could serve to disqualify him for award of the AGCM.
7. On 20 June 1985, in response to a Congressional inquiry on the applicant's behalf, the U.S. Army Reserve Components Personnel Administration Center, St. Louis, Missouri, authorized the issuance of an AGCM set to the applicant.
DISCUSSION AND CONCLUSIONS:
1. While it is clearly apparent that the applicant was awarded the ARCOM and was subsequently issued an AGCM set, neither of those awards were entered on his DD Form 214.
2. Therefore, it must be presumed that the failure to enter those awards in his records was the result of administrative error.
3. Accordingly, it would be in the interest of justice at this time to add the awards of the ARCOM and the AGCM to his records at this time.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding the ARCOM and the AGCM to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100010181
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ABCMR Record of Proceedings (cont) AR20100010181
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