IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001593
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his second award of the Army Commendation Medal (ARCOM 2nd Award).
2. The applicant states he received the second award of the ARCOM after his discharge and it was not added to his DD Form 214.
3. The applicant provides copies of his two ARCOM Certificates.
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 24 October 1990. He completed his training as an infantryman and remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-6 on 1 April 1997.
3. On 14 August 1999, he was honorably discharged due to completion of required service. He had served 8 years, 9 months, and 21 days of active service. His DD Form 214 issued at the time of his discharge shows he was awarded the Army Commendation Medal, Army Achievement Medal (3rd Award), Joint Meritorious Unit Award, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Humanitarian Service Medal, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon with numeral 2, Army Service Ribbon, Overseas Service Ribbon, United Nations Medal, Expert Infantryman Badge, and his marksmanship badge.
4. A review of his official records shows that he was awarded the ARCOM in Permanent Orders Number 299-055 issued by Headquarters, 1st Brigade, 1st Cavalry Division, Fort Hood, TX. It is the only award of the ARCOM present in his records.
5. The certificate provided by the applicant shows he was awarded the ARCOM for meritorious service during the period 24 October 1990 14 August 1999 in Permanent Orders Number 111-005, issued by Headquarters, 1st Brigade, 1st Cavalry Division, Fort Hood. However, the certificate does not contain a date and there are no orders in his official records awarding a second award of the ARCOM.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded a second award of the ARCOM is not in doubt, entry of the ARCOM on his DD Form 214 requires valid orders awarding him that award.
2. Unfortunately, the applicants records do not contain orders awarding him the second award of the ARCOM and he has not provided any. The ARCOM certificate he provides is incomplete. Therefore, absent valid orders there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140001593
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ABCMR Record of Proceedings (cont) AR20140001593
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