IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002014
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) to show the Army Commendation Medal (ARCOM) as well as all awards for which he is eligible. He also requests his awards be issued to him.
2. He states he was awarded the ARCOM by Captain P____ N. D____ and it was signed by the post commander and the Secretary of the Army. He states all service members past and present should have their records of service reflect all awards and honors accurately.
3. He provides a DA Form 4980-14 (ARCOM 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 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 2 September 1977. On 6 December 1978, he was honorably discharged to accept a commission. On 7 December 1978, he was appointed as a Reserve commissioned officer of the Army and entered active duty. He was released from active duty on 6 December 1981 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 20 July 1984, he was honorably discharged from the USAR.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 6 December 1981 shows he had been awarded the:
* Army Good Conduct Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Parachutist Badge
4. Permanent Orders 144-13 issued by Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX, dated 20 October 1981, announced award of the ARCOM for his meritorious service during the period 24 September 1979 to 30 November 1981.
5. A review of his official military personnel file failed to reveal documentation indicating he is entitled to any additional awards.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the ARCOM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 adding the ARCOM to item 13 of his DD Form 214 for the period ending 6 December 1981 and issuing him all awards to which he is entitled.
___________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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