BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100012086
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 the Army Commendation Medal (ARCOM) be deleted from her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that her DD Form 214 incorrectly reflects she was awarded the ARCOM; however, she never received such an award and she desires that it be removed.
3. The applicant provides a copy of her DD Form 214 and her DA Form 2-1 (Personnel Qualification Record Part II).
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 13 November 1998 for a period of 4 years and training as an intelligence specialist. She completed her basic training at Fort Jackson, South Carolina, and her advanced individual training at Fort Huachuca, Arizona. She was transferred to Fort Campbell, Kentucky, for her first duty assignment. She was advanced to pay grade E-4 on 13 January 2001.
3. She was transferred to Wiesbaden, Germany, on 11 March 2001 and she was honorably discharged on 4 December 2002. She served 4 years and 22 days of total active service and her DD Form 214 issued at the time of her discharge shows she was awarded the ARCOM, the Army Achievement Medal (2d Award), the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the North Atlantic Treaty Organization Medal, and the Kosovo Campaign Medal.
4. A review of her official records failed to reveal any documents related to award of the ARCOM to the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the ARCOM should be removed from her DD Form 214 has been noted and found to have merit.
2. The applicant clearly states she did not receive the ARCOM and her records confirm her contention as there are no documents indicating she was awarded the ARCOM.
3. Therefore, it is reasonable to presume that an administrative error caused an incorrect entry to be made on her DD Form 214 and that it would be appropriate at this time to delete the ARCOM from her records and DD Form 214 at this time.
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 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 deleting the ARCOM from her DD Form 214.
___________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) AR20100012086
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ABCMR Record of Proceedings (cont) AR20100012086
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