IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002536
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 records to show he was awarded the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM). He also requests to be issued the medals.
2. The applicant states he was awarded the ARCOM and the AGCM, but never received the medals.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ARCOM orders, and U.S. Army Reserve discharge orders.
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. He enlisted in the Regular Army on 14 December 1966 and he was awarded military occupational specialty 71B (Clerk Typist) upon completion of initial entry training.
3. Headquarters (HQ), Fort Myer, VA, Special Orders Number 121, dated
14 June 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. HQ, Fort Myer, VA, General Orders Number 158, dated 18 November 1969, awarded him the first award of the AGCM.
5. He was honorably released from active duty on 12 December 1969. His
DD Form 214 only shows the National Defense Service Medal.
6. Department of the Army, Office of Personnel Operations, Washington, DC, General Orders Number 1, dated 28 January 1970, awarded him the ARCOM.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. General orders confirm he was awarded the ARCOM and the first award of the AGCM. However, these awards are not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show these awards.
2. Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), but this badge is not shown on his DD Form 214. Therefore, his DD Form 214 should also be corrected to show this badge.
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 amending his DD Form 214 by adding the Army Commendation Medal, Army Good Conduct Medal (1st award), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and issuing him these awards.
_______ _ _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) AR20120002536
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