BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006085
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 removal of the Army Commendation Medal listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 May 1991.
2. The applicant states the Army Commendation Medal was listed in error.
3. The applicant provides his DD Form 214 in question.
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. His military records show he enlisted in the Army National Guard on 17 August 1988. He was awarded the military occupational specialty of 95B (Military Police).
3. He was discharged from the Army National Guard on 5 April 1990 to allow for his enlistment in the U.S. Army Reserve (USAR) on 6 April 1990.
4. On 1 February 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm. He was released from active duty on 8 May 1991 and returned to his USAR unit. The DD Form 214 he was issued for this period of active duty lists the Army Commendation Medal.
5. A review of the applicant's records to include his records contained in the interactive Personnel Electronic Records Management System failed to reveal any evidence he was ever recommended for or awarded the Army Commendation Medal.
6. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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:
There is no evidence in the applicant's records to indicate he was awarded the Army Commendation Medal. As such, it is reasonable to presume this medal was listed on his DD Form 214 in error and it would therefore be appropriate to delete the Army Commendation Medal from his DD Form 214 that was issued for the period ending 8 May 1991.
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 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 the Army Commendation Medal from his DD Form 214 that was issued for the period ending 8 May 1991.
_______ _ 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) AR20120006085
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