IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110018815
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 award of the Army Commendation Medal (ARCOM)
* he be provided a copy of his DD Form 214 which shows the
characterization of his discharge
2. The applicant states:
* he was awarded the ARCOM on 8 June 1990 and it is not listed on his
DD Form 214
* his bottom portion (Special Additional Information) of his DD Form 214 is
missing
* he was on terminal leave at the end of his service and believes these
items were never updated on his DD Form 214
3. The applicant provides:
* DA Form 4980-14 (ARCOM Certificate)
* DD Form 2l4
* Honorable Discharge 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 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 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 April 1983. He completed training and was awarded military occupational specialty 24C (Hawk Firing Section Mechanic). The highest rank/grade he attained while on active duty was sergeant/E-5.
3. The record shows the applicant was issued a duly constituted DD Form 214.
The DD Form 214 is an 8-part form in which separating members are given
Copies 1 and 4; Copies 2, 7, and 8 are kept with the Service; Copy 5 is given to
the Department of Labor, and Copy 6 is given to the Department of Veterans
Affairs.
a. Copy 1 does not contain the Special Additional Information such as the type of separation, character of service, separation authority, separation code, narrative reason for separation, separation code, reentry code, dates of time lost, and initials of the separating member requesting Copy 4. Copy 4 contains the Special Additional Information.
b. The applicant can obtain a certified copy of his DD Form 214 by writing to the National Personnel Records Center, Military Personnel Records, I Archives Drive, St. Louis, MO 63138. Therefore, this issue will not be discussed further in these proceedings.
4. The applicant provides a copy of his ARCOM certificate awarded for the period 4 April 1983 to 20 July 1990. The certificate shows Permanent Orders Number 23-I announced award of the ARCOM. Additionally, records show the applicant was assigned to 3d Battalion, 1st Air Defense Artillery, Fort Hood, TX, during the period of award of the ARCOM.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not show award of the
ARCOM.
6. The applicant was honorably discharged on 20 July 1990 for expiration of term of service. He completed 7 years, 3 months, and 16 days of active military service.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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 request for award of the ARCOM was carefully considered and determined to have merit.
2. Although the permanent order awarding the applicant is unavailable, his
ARCOM certificate correctly shows the order number announcing the award.
The ARCOM is presumed to be an end of service award. Therefore, any doubt
should be in favor of the applicant. The applicant is entitled to award of the
ARCOM and 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 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 Army Commendation Medal to item 13 of the applicants 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) AR20110018815
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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