IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130017044
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 the Army Commendation Medal (ARCOM) and to show the spelling of his first name as Derick instead of Derrick.
2. The applicant states the ARCOM is not listed on his DD Form 214 and his first name was misspelled on his DD Form 214.
3. The applicant provides a DD Form 214, ARCOM Certificate, and copies of his birth registration and social security cards.
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 6 April 1988. His DD Form
4 (Enlistment Contract) shows his first name as Derick.
3. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the ARCOM.
4. He was honorably released from active duty on 1 March 1992. His DD Form 214 shows his first name as Derrick. It does not show the ARCOM as an authorized award.
5. He provides an ARCOM Certificate indicating he was awarded the ARCOM for service during the period 17 January - 11 March 1991. The authority for the award is not listed on the ARCOM Certificate. He also provides copies of his birth registration and social security card that show his first name as Derick.
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's contention that his DD Form 214 should be corrected to show award of the ARCOM and to show the spelling of his first name as Derick has been carefully considered.
2. His DD Form 4 shows his first name as Derick. However, his DD Form 214 shows the spelling of his first name as Derrick. It appears an error was made in the preparation of his DD Form 214 in that his first name was spelled incorrectly. Therefore, his DD Form 214 should be corrected to show the correct spelling of his first name.
3. There are no orders or other evidence in his available military records that show he was awarded the ARCOM. In the absence of orders, the ARCOM Certificate alone is insufficient evidence on which to base correcting his DD Form 214 to show this award. Therefore, this portion of his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his first name as shown on his DD Form 4.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding 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) AR20130017044
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ABCMR Record of Proceedings (cont) AR20130017044
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