IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140010403
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) by removing the Army Commendation Medal (ARCOM) with "V" Device.
2. The applicant states he does not have documentation that shows he was awarded the ARCOM with "V" Device; however, he does have documentation that shows he was awarded the ARCOM.
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. On 27 June 2000, the applicant enlisted in the Regular Army. On 26 August 2004, he reenlisted for a period of 5 years.
3. There are no orders in his available military records that show he was awarded the ARCOM with "V" Device.
4. On 25 August 2009, he was discharged from the Army. His DD Form 214 shows the ARCOM with "V" Device as an authorized award.
5. Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the ARCOM, the Air Medal, and the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant was awarded the ARCOM, since the preparer of his DD Form 214 would have required a source document prior to including the ARCOM entry on his separation document. However, there is no evidence that indicates he was awarded the ARCOM with "V" Device.
2. Based on the lack of evidence indicating he was awarded the ARCOM with "V" Device, as well as his own personal admission, it is reasonable to conclude the award was erroneously recorded on his DD Form 214.
2. Therefore, it would be appropriate to correct his DD Form 214 by removing the "V" Device from the ARCOM entry. However, the ARCOM should remain 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 from his DD Form 214 the ARCOM with "V" Device and by adding to his DD Form 214 the ARCOM.
_______ _ 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) AR20140010403
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ABCMR Record of Proceedings (cont) AR20140010403
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