IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100016359
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 Army Commendation Medal (ARCOM) Certificate issued on 15 November 1994.
2. The applicant states that his dates of service on his ARCOM Certificate are incorrect. He states he served in the Republic of Korea from 6 January 1994 to 5 January 1995 as shown on Permanent Order Number 23-17, dated 15 November 1994.
3. The applicant provides a copy of Permanent Order 23-17 and an Army Commendation Certificate in support of 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 23 July 1992 for a 5-year period. He completed his initial entry training and was awarded military occupational specialty 95B (Military Police).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Korea from 5 January 1994 to 4 January 1995 for a period of 12 months in item 5 (Oversea Service). Item 35 (Record of Assignments) shows he was assigned to the 57th Military Police Company on 5 January 1994 and departed on 4 January 1995.
4. On 22 July 1997, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 5 years of active service with 1 year of foreign service.
5. The applicant provided a copy of Permanent Order Number 23-17 issued by Headquarters, 8th Military Police Brigade, on 15 November 1994 awarding him the ARCOM. Item 7 of his DA Form 638 (Recommendation for Award) shows the dates of service for this award were from 6 January 1994 to 5 January 1995. He also provided an ARCOM Certificate signed and dated by the appropriate authority showing dates of service from 6 January 1993 to 5 January 1994.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the specific period for which the awardees were being recommended for an award would be entered in item 7 (Period of Award) of the DA Form 638. In addition, it states for meritorious service awards, the cited period is limited to the period of service that the individual served under the recommending command. Upon approval by the appropriate award authority, an award certificate will be prepared using the information contained on the DA Form 638 to include the service dates for the award period.
DISCUSSION AND CONCLUSIONS:
Based on the evidence of record, it is apparent typographical errors occurred in the preparation of the applicant's ARCOM Certificate issued on 15 November 1994. Therefore, the applicant is entitled to correction of his ARCOM Certificate to show his dates of service for this specific award were from 6 January 1994 to 5 January 1995.
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 issuing a corrected copy of his ARCOM Certificate for Permanent Order Number 23-17 showing his period of service was from 6 January 1994 to 5 January 1995.
_______ _ _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) AR20100016359
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ABCMR Record of Proceedings (cont) AR20100016359
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