IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001487
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 all medals and awards he is entitled to.
2. The applicant states his awards were given to his unit after his retirement.
3. The applicant provides no additional evidence in support of this case.
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. With prior enlisted service in the U.S. Air Force, the applicant enlisted in the Regular Army on 25 July 1979.
3. Permanent Order Number 127-050, issued by the 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 6 May 1992, awarded the applicant the Army Commendation Medal (ARCOM) (3rd Oak Leaf Cluster).
4. On 30 June 1992, the applicant retired for length of service. He completed
20 years and 28 days of creditable active service. The DD Form 214 he was issued at the time shows, among other awards, the ARCOM (2nd Oak Leaf Cluster).
5. There is no evidence of record and the applicant did not provide any evidence that shows he was entitled to any additional awards or decorations prior to his retirement.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Army Commendation Medal
(4th Award). Therefore, his DD Form 214 should be corrected 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 deleting from his DD Form 214 for the period ending 30 June 1992 the Army Commendation Medal (2nd Oak Leaf Cluster) and replacing it with the Army Commendation Medal (4th Award).
__________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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