BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110012828
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 three awards of the Army Commendation Medal (ARCOM).
2. The applicant states:
* There are no awards of the ARCOM shown on his DD Form 214
* He is supposed to have three awards of the ARCOM
* These awards were for 1989, 1990-1991, and 1996-1999
3. The applicant provides:
* Orders for the ARCOM, dated 7 April 1991
* DD Form 214
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 28 May 1987. He served as a unit supply specialist in Southwest Asia. On 24 March 2002, he was honorably discharged by reason of completion of required active service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not show any awards of the ARCOM.
4. Permanent Orders 000010-006, issued by Headquarters, 1st Brigade,
1st Cavalry Division, dated 7 April 1991, awarded him the ARCOM for meritorious achievement during Operation Desert Storm during the period
17 January 1991 to 10 March 1991.
5. Permanent Order 054-3, issued by Headquarters, 4th Brigade, 1st Armored Division, dated 24 February 1999, awarded him the ARCOM for meritorious service during the period 11 January 1996 to 11 January 1999.
6. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded an ARCOM in 1989.
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. Orders show the applicant was awarded two awards of the ARCOM. Therefore, his DD Form 214 should be corrected to show these awards.
2. Although he contends he received three awards of the ARCOM, there are no orders for any other ARCOM in the available records and he provided no orders for any additional awards of the ARCOM. Therefore, there is an insufficient evidentiary basis for adding a third award of the ARCOM to his DD Form 214.
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 ARCOM (2nd Award).
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 adding a third award of ARCOM to his DD Form 214.
_________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) AR20110012828
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ABCMR Record of Proceedings (cont) AR20110012828
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