IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130015664
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 award of the Army Commendation Medal (ARCOM) with "V" Device be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 August 1991.
2. He states this is an oversight and he asks for the award to be added to his DD Form 214.
3. He provides an award certificate for the ARCOM with "V" Device and his DD Form 214 for the period ending 14 August 1991.
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 Army National Guard (ARNG) on 20 December 1988. He was ordered to initial active duty for training (IADT) on 9 January 1989 and was released from IADT on 1 July 1989.
3. He was discharged from the ARNG on 15 July 1990 and was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)). His National Guard Bureau (NGB) Form 22 does not show award of the ARCOM with "V" Device.
4. On 28 January 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.
5. He provided an award certificate, dated 2 March 1991, which indicates he was awarded the ARCOM with "V" Device for heroism and meritorious service during an Iraqi missile attack on the company barracks on 25 February 1991. His service record does not contain orders for award of the ARCOM with "V" Device.
6. A review of his personnel records in the Interactive Personnel Electronic Records Management System (iPERMS) revealed Permanent Orders 52-4, dated 28 March 1991, which awarded him the Purple Heart for wounds received in action on 25 February 1991.
7. He was released from active duty on 14 August 1991. His DD Form 214 issued for this period does not show award of the ARCOM with "V" Device.
8. He enlisted in the ARNG again on 3 February 1992 and was discharged on 1 August 1992. On the following day, he was transferred to the USAR Control Group (IRR).
9. 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. This regulation states the bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards including the ARCOM.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a certificate indicating he was awarded the ARCOM with "V" Device for heroism on 25 February 1991.
2. Although his service record is void of orders which show he was awarded the ARCOM with "V" Device, his service record includes orders which show he was awarded the Purple Heart for wounds he sustained on 25 February 1991 as a result of a hostile action. Since the ARCOM with "V" Device award certificate cites the same date and event for which the applicant was awarded the Purple Heart, this evidence is accepted as sufficient to corroborate his award of the ARCOM with "V" Device and for adding this award to his DD Form 214 for the period ending 14 August 1991.
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
adding the ARCOM with "V" Device to his DD Form 214 for the period ending 14 August 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) AR20130015664
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ABCMR Record of Proceedings (cont) AR20130015664
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