IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014655
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 (4th Award).
2. The applicant states he received a fourth award of the Army Commendation Medal after his DD Form 214 was finalized. This expiration of term of service award was not added to his DD Form 214 upon his departure from military service. This should have been addressed prior to his out-processing. It was not added through no fault of his own. He wants it added so he doesn't have to be disappointed about it not being shown on his DD Form 214.
3. The applicant provides copies of the following:
* DA Form 638 (Recommendation for Award)
* four Army Commendation Medal Certificates
* 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 the cases 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.
2. The applicant was commissioned in the Regular Army on 8 June 2000. He held area of concentration 92A (quartermaster). He was promoted to captain on 1 April 2004.
3. He provided copies of four certificates awarding him the Army Commendation Medal by orders on/for:
* Permanent Orders (PO) Number 059-08 dated 28 February 2002, for meritorious service from 16 May 2001 through 15 May 2002
* PO Number 322-06 (undated) for meritorious service while deployed in support of Operation Enduring Freedom from 12 February 2004 through 12 February 2005
* PO Number 363-01 dated 29 December 2005, for meritorious service from 15 June 2002 through 3 January 2006
* PO Number 126-05 dated 6 May 2010, for meritorious service from 2 August 2006 through 7 May 2010
4. He was honorably discharged in the rank of captain on 7 May 2010 and credited with completing 9 years and 11 months of active service. His DD Form 214 lists, among other awards, the Army Commendation Medal (3rd Award).
DISCUSSION AND CONCLUSIONS:
A PO awarded him the Army Commendation Medal (4th Award) during his period of active duty service. He is entitled to correction of his DD Form 214 to show this award.
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 item 13 of his DD Form 214 the Army Commendation Medal (3rd Award)
* adding to item 13 of his DD Form 214 the Army Commendation Medal (4th Award)
_______ _ __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) AR20140014655
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ABCMR Record of Proceedings (cont) AR20140014655
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