BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110009233
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Army Commendation Medal (ARCOM) with third Oak Leaf Cluster (3rd OLC).
2. The applicant states he was awarded the ARCOM (3rd OLC) and he desires that it be added to his DD Form 214.
3. The applicant provides copies of four ARCOM Certificates.
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 10 August 1982 for a period of 4 years and training as an electronic warfare signal intelligence voice analyst. He successfully completed his training and remained in an active duty status through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 April 1989.
3. On 21 April 1991, he was honorably discharged due to expiration term of service (ETS). He had served 8 years, 8 months and 12 days of active service and his DD Form 214 does not reflect any awards of the ARCOM.
4. The applicant provides four certificates for award of the ARCOM. The last award covered the period from 8 December 1988 to 15 April 1991 and reflects that it was issued under Permanent Orders Number 25-4.
5. The applicants official records contain orders for the first three awards of the ARCOM.
6. 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. The applicants contention that his DD Form 214 should be corrected to show award of the ARCOM (3rd OLC) has been noted and appears to have merit.
2. The available evidence is sufficient to support that he was awarded the ARCOM (3rd OLC); therefore, it would be appropriate to correct his DD Form 214 to show these awards at this time.
BOARD VOTE:
___x____ ___x____ _____x__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ARCOM (3rd OLC) to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his 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.
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