BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014450
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) for the period ending 4 June 1991 to show award of the Army Commendation Medal (ARCOM).
2. The applicant states:
* he was awarded the ARCOM on 1 August 1991 upon his separation
* he wore the ARCOM while he was in the Navy and even when he reenlisted back into the Army in 2004
3. The applicant provides the first page of a DA Form 638 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, ARCOM, and Meritorious Service Medal).
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 Oklahoma Army National Guard on 19 December 1989.
3. He was ordered to active duty during the period 17 July 1990 through 28 November 1990. His DD Form 214 for this period of service shows award of the Army Service Ribbon.
4. He was ordered to active duty in support of Operation Desert Shield/Desert Storm during the period 8 January 1991 through 9 June 1991. His DD Form 214 for this period of active duty service shows award of the:
* Army Service Ribbon
* National Defense Service Medal
5. His National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period of service ending 24 July 1991 does not show award of the ARCOM and shows his service as terminated due to his enlistment in the U.S. Navy.
6. His Army National Guard Retirement Points History Statement shows he served on active duty in the U.S. Navy during the period 10 June 1991 through 26 January 2001.
7. On 8 September 1991, a DD Form 215 (Correction to DD Form 214) was issued to the applicant and shows that his DD Form 214 for the period of service ending 4 June 1991 was amended to change his separation date to 9 June 1991 and add award of the Southwest Asia Service Medal.
8. On 24 November 1992, a DD Form 215 was issued to the applicant and shows that his DD Form 214 for the period service ending 4 June 1991 was further amended but did not add award of the ARCOM.
9. The applicant provides a copy of page 1 of a DA Form 638, dated 5 April 1991, that shows his company commander initiated and submitted an award recommendation for award of the ARCOM for achievement for the period 1 February 1991 to 31 March 1991.
10. The reverse page of the applicant's DA Form 638 is not on file in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, and he does not provide a copy. Additionally, his AMHRR is void of orders awarding him the ARCOM and he does not provide any orders.
11. Army Regulation 600-8-22 (Military Awards) states 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, 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.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states each entry will be verified by the Soldier's records.
DISCUSSION AND CONCLUSIONS:
Although the applicant has provided a DA Form 638, dated 5 April 1991, showing that he was recommended for award of the ARCOM, he fails to provide evidence showing the award was approved and orders were actually issued. Without the orders or documentary evidence the award approval authority approved the recommended award, there is no basis to grant the requested relief.
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) AR20130014450
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ABCMR Record of Proceedings (cont) AR20130014450
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