IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021340
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 his award of the Army Commendation Medal (ARCOM). He further requests the reissuance of his Honorable Discharge Certificate (DD Form 256A), dated 13 November 1987.
2. The applicant states he received his award of the ARCOM after he was separated and it was never added to his DD Form 214. He states he would like an original DD Form 256A for his records.
3. The applicant provides a copy of his ARCOM Certificate, DD Form 214, and a copy of his Honorable Discharge Certificate.
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 21 August 1979 for a period of 4 years.
3. On 25 July 1983 he was honorably released from active duty (REFRAD) at Fort Dix, NJ. He completed 3 years, 11 months, and 5 days of creditable active service. The DD Form 214 he was issued at the time shows he was awarded the:
* Army Good Conduct Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Permanent Orders 065-01, issued by Headquarters, 93rd Signal Brigade, dated 25 August 1983, awarded him the ARCOM for meritorious service during the period 2 January 1982 through 15 July 1983.
5. He was honorably discharged from the U.S. Army Reserve on 13 November 1987.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the ARCOM for meritorious service for during his period of active duty service. Therefore, his DD Form 214 should be corrected to show this award.
2. Although the applicants request for a replacement Honorable Discharge Certificate does not involve a correction of records, there would be no harm in providing the applicant a replacement DD Form 256A for his honorable discharge from the U.S. Army Reserve on 13 November 1987.
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:
a. adding to his DD Form 214 the Army Commendation Medal, and
b. issuing him a replacement DD Form 256A for his honorable discharge from the U.S. Army Reserve, dated 13 November 1987.
___________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) AR20120021340
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021340
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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