IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100013287
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 her military records to show she was awarded the Army Commendation Medal (ARCOM).
2. The applicant states she received the ARCOM after she was discharged.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and the front side only of DA Form 638-1 (Recommendation for Award of the Army Achievement Medal, ARCOM, and Meritorious Service Medal).
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. On 20 April 1988, the applicant enlisted in the Regular Army. She was subsequently awarded military occupational specialty 91P (X-Ray Specialist). Her last duty assignment was the U.S. Army Hospital, Presidio of San Francisco, California.
3. On 19 April 1992, the applicant was released from active duty and transferred to the 354th Medical Company, U.S. Army Reserve, located in Harlingen, Texas. She had attained the rank of specialist/pay grade E-4 and had completed 4 years of creditable active duty service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the Army Achievement Medal with First Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, and the Army Lapel Button.
5. The DA Form 638-1, as provided by the applicant, indicates she was recommended for award of the ARCOM for the period 3 January 1989 to 1 April 1992. The proposed date of presentation was 20 April 1992. The reverse side of this form, which provides both the recommendations from the chain of command and the approval authority's decision, is not available for review.
6. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to show award of the ARCOM.
2. The available evidence is insufficient to determine whether the applicant's recommendation for award of the ARCOM was approved or denied. Therefore, her request to show this award on her DD Form 214 should be denied.
3. While the available evidence is insufficient for awarding the applicant the ARCOM, this in no way affects the applicant's right to pursue her claim for the medal by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ _____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20100013287
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ABCMR Record of Proceedings (cont) AR20100013287
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