IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130009691
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 award of the Army Commendation Medal (ARCOM).
2. The applicant states he received the award certificate and medal, but the award was not entered on his DD Form 214.
3. The applicant provides a copy of the ARCOM Certificate and his DD Form 214.
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 22 February 1978. He was honorably released from active duty on 19 February 1981 after completing 2 years, 11 months, and 28 days of active service.
3. His DD Form 214 shows he was awarded or authorized the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class (Sharpshooter) Marksmanship Qualification Badge with Hand Grenade Bar
* Army Good Conduct Medal
4. The applicant's records contain:
a. a DA Form 2-1 (Personnel Qualification Record Part II) which shows he was awarded an ARCOM and
b. the first page of Headquarters, 1st Armored Division, Permanent Orders 22-1, dated 5 March 1979, which show he was awarded the ARCOM for meritorious achievement during the period 27 January to 7 February 1979.
5. The applicant provided a copy of his ARCOM Certificate that shows he was awarded the ARCOM for meritorious achievement during Exercise Certain Sentinel from 27 January to 7 February 1979.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows the applicant was awarded the ARCOM. 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 the evidence presented is 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 adding award of the ARCOM to his DD Form 214.
______________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) AR20130009691
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ABCMR Record of Proceedings (cont) AR20130009691
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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