BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140003096
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 award of three Army Commendation Medals (ARCOM).
2. The applicant states he was awarded three ARCOMs.
3. The applicant provides copies of his 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. Having prior service in the Navy, Regular Army, U.S. Army Reserve, and Army National Guard (ARNG) the applicant served in the ARNG Active Guard Reserve from 1 August 1981 until he was retired on 30 April 1994.
3. His DD Form 214 shows his awards as the:
* Army Service Ribbon
* National Defense Service Medal with bronze service star
* Vietnam Service Medal with 5 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Navy Unit Citation
* Fleet Marine Force Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (5th Award)
4. The ARCOM is not shown as an authorized award on his DA Form 2-1 (Personnel Qualification Record Part II).
5. Permanent Orders 7-1, issued by Headquarters, 175th Medical Brigade, Sacramento, CA, dated 31 May 1991, awarded him the ARCOM for meritorious achievement for the period 15 February 1985 through 2 June 1991.
6. He provides three ARCOM Certificates for the periods:
* 26 August 1990
* 15 February 1985 to 2 June 1991, for meritorious service
* 20 September 1985 to 26 April 1994, for exceptional performance
7. 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 contends that his DD Form 214 should be corrected to show award of three ARCOMs.
2. Permanent orders, dated 31 May 1991, awarded him an ARCOM for meritorious achievement; unfortunately, his record is void of additional orders awarding him two additional ARCOMs. Absent such additional orders, he is authorized correction of his DD Form 214 to show the award of only one ARCOM.
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 adding to his DD Form 214 for the period ending 30 April 1994 the award of one Army Commendation Medal.
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 showing he was awarded three Army Commendation Medals.
__________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) AR20140003096
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