IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017976
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) for the period ending 22 October 1993 to show award of the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster
(OLC)).
2. He states he served in both Operation Just Cause and Operation Desert Storm and everyone in his unit received an ARCOM for each operation.
3. He does not provide any additional 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. On 8 April 1987, after having prior service in the Army National Guard, the applicant enlisted in the Regular Army. He served in Saudi Arabia from
8 January to 12 May 1991. He was honorably discharged from active duty on
22 October 1993 and credited with completing 6 years, 6 months, and 15 days of active service this period.
3. His DD Form 214 does not show the ARCOM (1st OLC).
4. There are no orders in his military personnel record that show he was awarded the ARCOM (1st OLC). Additionally, the ARCOM (1st OLC) is not listed on his DA Form 2-1 (Personnel Qualification Record).
5. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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. An Oak Leaf Cluster is authorized for wear for each additional award of the ARCOM.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he was awarded the ARCOM (1st OLC) is acknowledged; however, there is no official documentation showing he received this award. In the absence of such evidence, there is no basis for granting his request.
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) AR20130017976
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ABCMR Record of Proceedings (cont) AR20130017976
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