IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006112
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 the Army Commendation Medal (ARCOM) and Overseas Service Ribbon (OSR).
2. The applicant states, in effect:
* his DD Form 214 is missing medals
* he earned the ARCOM and OSR
3. The applicant provides a copy of his DD Form 214.
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 8 February 1985 for 3 years. He served as an electronic warfare/signals intelligence noncommunications interceptor in Turkey from 14 November 1985 through 12 November 1986. On 5 February 1988, he was honorably released from active duty.
3. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Army Lapel Button
* Army Good Conduct Medal
* Army Achievement Medal with 2nd Oak Leaf Cluster
4. There are no orders for the ARCOM in the available records.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) shows one award of the OSR, but it does not show the ARCOM. It also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
6. 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. Although the applicant contends he earned the ARCOM, there are no orders in his records and he provided no substantiating orders. Therefore, there is insufficient evidence with which to correct his DD Form 214 to add this award.
2. The entry on his DA Form 2-1 which shows he was awarded the OSR is accepted as sufficient evidence on which to base adding this ribbon to his DD Form 214.
3. The entry on his DA Form 2-1 which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) is accepted as sufficient evidence on which to base adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the OSR and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.
2. The Board further determined 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 adding the ARCOM 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) AR20140006112
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ABCMR Record of Proceedings (cont) AR20140006112
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