IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110005533
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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 February 1988 to add the Army Commendation Medal with 2nd Oak Leaf Cluster.
2. The applicant states the omission was a clerical error.
3. The applicant provides:
* FSM's Certificate of Death
* Record of Marriage
* orders for the Army Commendation Medal with 2nd Oak Leaf Cluster
* DD Form 214 for period ending 29 February 1988
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 FSM enlisted in the Regular Army (RA) on 23 May 1966 for a period of 3 years. He served as a door gunner in Vietnam. He was released from active duty on 23 May 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The FSM again enlisted in the RA on 1 December 1970 and remained on active duty through continuous reenlistments until he retired on 29 February 1988 in the rank of staff sergeant.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 for the period ending 29 February 1988 does not show the Army Commendation Medal as an authorized award.
5. Headquarters, 4th Aviation Brigade, Permanent Orders 014-01, dated 10 February 1988, show the FSM was awarded the Army Commendation Medal with 2nd Oak Leaf Cluster for meritorious service during the period 15 January 1987 to 24 February 1988.
DISCUSSION AND CONCLUSIONS:
Permanent orders show the FSM was awarded the Army Commendation Medal with 2nd Oak Leaf Cluster. Therefore, his DD Form 214 for the period ending 29 February 1988 should be corrected to show this medal.
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 Army Commendation Medal with 2nd Oak Leaf Cluster to item 13 of the FSM's DD Form 214 for the period ending 29 February 1988.
___________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) AR20110005533
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ABCMR Record of Proceedings (cont) AR20110005533
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