IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20100026211
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) for the period ending 31 December 1991 to show award of the Army Commendation Medal and a possible unit award.
2. He states, in effect, that he was told that his former unit was recommended for a unit award after Operation Desert Storm and that his award of the Army Commendation Medal is omitted from his DD Form 214.
3. He provides:
* a DD Form 214
* Army Commendation Medal orders
* a Army Commendation Medal certificate
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 applicants 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 applicants 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 August 1986 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 95B (Military Police).
3. He arrived in the Federal Republic of Germany (FRG) on 6 January 1987 and was assigned to the 536th Military Police Company. He was reassigned to the 7th Army Combined Arms Training Command (7A CATC) on 7 November 1988. He departed the FRG on or about 30 December 1991.
4. On 31 December 1991, he was honorably released from active duty after completing 5 years, 4 months, and 18 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 December 1991 does not show award of the Army Commendation Medal or a unit award.
6. Permanent Orders Number 3-4, dated 10 January 1992, issued by the
7A CATC show he was awarded the Army Commendation Medal for meritorious service.
7. A review of the list of awards maintained at the Awards and Decorations Branch, U.S. Army Human Resources Command, does not list the 536th Military Police Company or the 7A CATC as receiving unit awards during his period of service.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded the Army Commendation Medal. His DD Form 214 should be amended to add the Army Commendation Medal in item 13.
2. Neither the 536th Military Police Company nor the 7A CATC received unit awards during his assignment to these units. Therefore, he is not eligible for any unit awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding unit awards.
_______ _ 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.
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