IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022274
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his previous award of the Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the ARCOM; however, the date of the award was after the date he separated from active duty.
3. The applicant provides his DD Form 214, ARCOM certificate and citation, and a photograph that shows him being presented the ARCOM.
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 27 September 1966. He completed training and was awarded military occupational specialties 70A (General Clerk) and 71B (Clerk Typist) and 71L (Administrative Specialist). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. He was honorably released from active duty on 30 August 1969 and transferred to the U.S. Army Reserve at the completion of 2 years, 11 months, and 4 days of net active service.
4. His DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. His DA Form 201 (Military Personnel Records Jacket (MPRJ)) does not contain official orders awarding him the ARCOM; however, it does contain an onionskin copy of an ARCOM award citation, annotated 201 File Copy, that is identical to the ARCOM citation he submitted as evidence.
6. He provides his ARCOM certificate and citation, and a photograph that shows him being presented the ARCOM. The ARCOM citation is identical to the onionskin copy contained within his MPRJ; however, the copy he provided contains an official seal in the lower left-hand corner, similar to the one thats shown in the photograph.
7. Army Regulation 600-8-22 (Military Awards) provides that 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 applicant's request for correction of his DD Form 214 to add the ARCOM was carefully considered and found to have merit.
2. The applicant submitted a copy of his ARCOM award certificate and citation. Ordinarily, orders are required to substantiate a past award of the ARCOM; however, in this case, the evidence of record includes an onionskin copy of an ARCOM award citation, annotated 201 File Copy, that is identical to the ARCOM citation he submitted as evidence. This lends credence to his contention he was previously awarded the ARCOM.
3. In view of the foregoing, as a matter of equity, it would be appropriate to correct his DD Form 214 to show he was awarded the ARCOM.
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 amending his DD Form 214 to add the Army Commendation Medal.
__________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) AR20100013301
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ABCMR Record of Proceedings (cont) AR20110022274
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