BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004437
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 he was awarded the Army Commendation Medal (ARCOM) (4th Award).
2. The applicant states:
* he was awarded the ARCOM (1st Award) in 1989, when he was assigned to the 4th Battalion, 27th Field Artillery Regiment, 72nd Field Artillery Brigade
* he was awarded the ARCOM (2nd and 3rd Awards) in 1991 and 1992, when he was assigned to the 6th Battalion, 27th Field Artillery Regiment, 85th Field Artillery Brigade, including service in Operation Desert Storm
* he was awarded the ARCOM (4th Award) in December 1993 to January 1994, upon his departure from the 2nd Battalion, 14th Field Artillery Regiment, 3rd Infantry Division
3. The applicant provides no 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. The applicant enlisted in the Regular Army on 1 December 1982 and held military occupational specialty 13M (Multiple Launch Rocket System Crewmember).
3. His record contains the following permanent orders:
* Permanent Orders Number 99-4, issued by Headquarters, 72nd Field Artillery Brigade on 26 March 1990, awarded him the ARCOM (1st Award) for the period 16 April 1987 to 14 March 1990
* Permanent Orders Number 1-34, issued by the Headquarters, XVIII Airborne Corps Artillery on 23 March 1991, awarded him the ARCOM (2nd Award) for outstanding performance during Operation Desert Storm
* Permanent Orders Number 37-60, issued by Headquarters, III Corps Artillery, Fort Sill, OK on 2 April 1992, awarded him the ARCOM (3rd Award) for the period 1 June 1990 to 1 August 1992
4. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) shows, in part, he was awarded the ARCOM (3rd Award).
5. He was honorably discharged from active duty on 31 January 1994. The DD Form 214 he was issued, in part, shows he was awarded the ARCOM (3rd Award).
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:
The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the ARCOM. The applicant's record contains orders for only three awards of the ARCOM, which are properly shown on his DD Form 214. Regrettably, in the absence of orders to show he was awarded the ARCOM (4th Award), there is insufficient evidence to correct his DD Form 214 to show this award.
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) AR20140004437
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ABCMR Record of Proceedings (cont) AR20140004437
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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