IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130006915
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a 4th award of the Army Commendation Medal (ARCOM).
2. The applicant states:
* he received an ARCOM for his service in Bosnia from December 1995 to May 1996, but it is not shown on his DD Form 214
* the unit he deployed with was Service Battery, 2nd Battalion, 3rd Field Artillery in Germany
* he lost his Bosnia records
3. The applicant provides no additional documentary evidence.
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 8 July 1979 and he served as a cannon crewmember. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Overseas Service) he served in Bosnia from 28 December 1995 through 26 May 1996.
3. On 31 August 1997, the applicant retired by reason of voluntary early retirement in the rank/grade of staff sergeant (SSG)/E-6. The DD Form 214 he was issued shows, among other awards, three awards of the ARCOM.
4. His record contains a DA Form 638 (Recommendation for Award), dated
5 March 1996, that shows he received the ARCOM for meritorious service during the period 1 January 1992 to 1 June 1996. This form lists his achievements during his deployment in support of Operation Joint Endeavor in Bosnia. Item 8 (Previous Awards) of this form shows he had two previous awards of the ARCOM.
5. There is no evidence and the applicant did not provide any evidence that he was recommended for or awarded a 4th award of the ARCOM.
6. Army Regulation 600-8-22 (Military Awards) states the ARCOM 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, distinguishes 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:
1. The applicant contends he received an ARCOM for his service in Bosnia from December 1995 to May 1996, but it is not shown on his DD Form 214
2. Evidence shows he received his 3rd award of the ARCOM for meritorious service during the period 1 January 1992 to 1 June 1996, which included his service in Bosnia.
3. Since there are no orders for a 4th award of the ARCOM in the available records, and his DD Form 214 shows his 3rd award of the ARCOM, there is
an insufficient evidentiary basis for adding a 4th award of the ARCOM to his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20130006915
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ABCMR Record of Proceedings (cont) AR20130006915
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