IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140018770
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Army Commendation Medal.
2. The applicant states that he was awarded the Army Commendation Medal; however, it was not added to his DD Form 214.
3. The applicant provides a copy citation for award of the Army Commendation Medal.
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 9 September 1968 for a period of 3 years. He completed his training and was transferred to Germany on
27 February 1969. He was promoted to the pay grade of E-5 on 29 January 1970.
3. He departed Germany on 28 July 1971 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 30 July 1971 as an overseas returnee. He had served 2 years, 10 months, and 22 days of active service. The DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and Good Conduct Medal.
4. General Orders Number 483 issued by Headquarters, U.S. Army Europe and Seventh Army on 5 August 1971 awarded the applicant the Army Commendation Medal for meritorious service for the period of March 1969 to August 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Commendation Medal subsequent to his REFRAD and it was never added to his DD Form 214.
2. Accordingly, the award of the Army Commendation Medal should be added to his DD Form 214 at this time.
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 adding the award of the Army Commendation Medal 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) AR20140018770
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ABCMR Record of Proceedings (cont) AR20140018770
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