IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021965
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Commendation Medal (ARCOM) with one oak leaf cluster (hereafter, 2nd Award).
2. The applicant states, in effect, that his DD Form 214 shows only one award of the ARCOM.
3. The applicant provides copies of two ARCOM certificates and a certificate for award of the Army Achievement Medal (AAM) (2nd Award).
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 5 October 1983. He completed his training as a unit supply specialist at Fort Jackson, South Carolina and continued to serve until he was honorably released from active duty (REFRAD) on 13 July 1989 and was transferred to the North Carolina Army National Guard.
3. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the ARCOM, AAM (2nd Award), Army Good Conduct Medal, Drivers Badge, and Overseas Service Ribbon.
4. A review of his records shows two separate orders for awards of the ARCOM and an order awarding him the AAM (2nd Award). Additionally, he completed the 7-week unit supply specialist course in 1984 and received the Army Service Ribbon.
5. Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon is awarded upon successful completion of initial entry training.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Service Ribbon upon completion of his initial entry training and is entitled to have that award added to his DD Form 214.
2. He was also awarded two awards of the ARCOM and is entitled to have them entered on his DD Form 214.
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:
* deleting the award of the Army Commendation Medal from his DD Form 214
* adding the awards of the Army Commendation Medal (2nd Award) and Army Service Ribbon 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) AR20130021965
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ABCMR Record of Proceedings (cont) AR20130021965
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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