IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021188
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 three awards of the Army Commendation Medal (ARCOM).
2. The applicant states that his DD Form 214 was completed prior to his being awarded the third award of the ARCOM and was never added to his DD Form 214.
3. The applicant provides his three awards of the ARCOM and 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 5 October 2004 for a period of 3 years and 19 weeks, training as a motor transport operator.
3. He completed his training and served two tours in Iraq during the periods 20050919 20060919 and 20070927 20081112.
4. On 4 March 2009, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years and 5 months of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal (2nd Award), Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star (2nd Award), Army Service Ribbon, Overseas Service Ribbon (2nd Award), Combat Action Ribbon, and the Driver and Mechanic Badge with Mechanic Bar.
5. The applicant was awarded the ARCOM (1) in Permanent Orders Number 131-076 issued on 16 March 2006, ARCOM (2) in Permanent Orders Number 280-006 issued on 6 October 2008, and ARCOM (3) in Permanent Orders Number 290-006 issued on 16 October 2008.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded three awards of the ARCOM, all while serving in Iraq and is entitled to have those awards added to his DD Form 214.
2. Accordingly, his DD Form 214 should be corrected at this time to show the Army Commendation Medal (3rd Award).
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the Army Commendation Medal (2nd Award) from his DD Form 214 and adding the Army Commendation Medal (3rd Award) to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140021188
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ABCMR Record of Proceedings (cont) AR20140021188
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