IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110006031
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to add award of the Army Commendation Medal (ARCOM).
2. The applicant states she received the ARCOM in December 2000 and it is not reflected on her DD Form 214.
3. The applicant provides no additional evidence.
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 5 February 1997 for a period of 4 years, training as a unit supply specialist, and a cash enlistment bonus.
3. She completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia, before being transferred to Fort Bliss, Texas, for her first duty assignment.
4. She deployed to Southwest Asia from 1 February 1998 to 15 June 1998 and was advanced to pay grade E-4 on 1 January 1999.
5. On 16 November 1999, she was transferred to Korea where she served until she was honorably released from active duty (REFRAD) on 4 February 2001 due to completion of required service. She completed 4 years of total active service. Her DD Form 214 issued at the time of her REFRAD shows she was awarded the Army Achievement Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.
6. A review of her official military personnel records failed to reveal any orders awarding her the ARCOM during any period of her service.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that she was awarded the ARCOM is not in doubt, she failed to show through evidence submitted with her application or the evidence of record that such is the case.
2. The applicant's official records do not contain orders awarding her the ARCOM during any period of her service. Lacking such orders, there appears to be no basis to add the ARCOM at this time.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her in service to the United States during the Gulf War. The applicant and all Americans should be justifiably proud of her service in arms.
____________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) AR20110006031
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