IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000706
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 to show three awards of the Army Commendation Medal (ARCOM).
2. The applicant states his three ARCOM's were omitted from his DD Form 214.
3. The applicant provides copies of a Standard Form 180 (Request Pertaining to Military Records) and page 1 of his DA Form 2-1 (Personnel Qualification Record Part II).
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 2 December 1981. He completed his initial training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
3. The applicant's military records contain an ARCOM Certificate indicating he was awarded the ARCOM for meritorious service for the period 15 May 1989 to 21 December 1993 by Permanent Order Number 56-9, dated 21 December 1993.
4. The DA Form 2-1 filed in his official military records shows his authorized awards as:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Multinational Force and Observers Medal
* ARCOM (3rd Award)
* Army Service Ribbon
* Expert Infantryman Badge
* Overseas Service Ribbon (4th Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Good Conduct Medal (5th Award)
* Driver and Mechanic Badge with Driver-T Bar
* Combat Infantryman Badge
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Humanitarian Service Medal
* Meritorious Service Medal
* Armed Forces Expeditionary Medal
* Army Achievement Medal (9th Award)
* United Nations Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award
* Army Superior Unit Award
* Bronze Star Medal
* German Schützenschnur Award (Bronze)
5. On 28 January 2000, the applicant was discharged due to disability with severance pay. He attained the rank of staff sergeant/pay grade E-6 and completed more than 18 years of creditable active duty service.
6. The applicant's DD Form 214 lists his awards and shows the awards continued in the Remarks block. The Remarks block indicates more awards are listed on a continuation sheet. However, the continuation sheet is illegible, making it impossible to determine what awards were listed or whether the subject ARCOM's were included.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It requires that all decorations, service medals, badges and campaign ribbons awarded or authorized as shown on the DA Form 2-1 be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his three ARCOM's.
2. The evidence of record indicated the awards shown on his DD Form 214 do not match the awards shown on his DA Form 2-1. Furthermore, the continuation sheet for his DD Form 214 is illegible. Therefore, it would be appropriate to correct his DD Form 214 by deleting all entries pertaining to his awards and providing a correction listing his awards in their proper order of precedence, to include the three ARCOM's that are of concern to the applicant.
3. In view of the above, the applicant's request should be granted.
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:
a. deleting all entries pertaining to awards from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (9th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with three bronze service stars
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* United Nations Medal
* Multinational Force and Observers Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award
* Army Superior Unit Award
* Combat Infantryman Badge
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-T Bar
* German Schützenschnur Award (Bronze)
__________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) AR20120000706
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