RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060006420 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mrs. Victoria A. Donaldson Analyst The following members, a quorum, were present: Mr. James E. Anderholm Chairperson Mr. Jerome L. Pionk Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal. 2. The applicant states that the award is not show on his DD Form 214. 3. The applicant provides a copy of the award certificate in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 22 May 1992, the date of his discharge from active duty. The application submitted in this case is dated 27 April 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Records show that the applicant enlisted in the Regular Army on 30 August 1988 and served until he was honorably discharged by reason of physical disability with severance pay on 22 May 1992. 4. The DD Form 214 that was issued at the time of his discharge does not show award of the Army Commendation Medal. 5. The applicant's records contain a Department of the Army Certificate for award of the Army Commendation Medal, dated 13 August 1991. This certificate shows that the applicant was awarded the Army Commendation Medal for meritorious achievement while preparing for combat operations against an enemy of the United States during Operation Desert Shield as an ammunition handler from 15 September 1990 to 15 January 1991. 6. This certificate is authenticated by the commander of the Headquarters and Service Battery, 3rd Battalion, 320th Field Artillery and the Secretary of the Army. The certificate contains the entry ORDERS: #063-005." 7. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal 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, distinguished 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. The applicant contends that his records should be corrected to show award of the Army Commendation Medal. 2. Evidence of records shows that orders were promulgated which authorized the applicant award of the Army Commendation Medal. As a result, the applicant is entitled to correction of his records to show award of the Army Commendation Medal 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 May 1992. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 May 1995. The applicant did not file with the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: _JEA____ _JLP___ __EEM___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal. _James E. Anderholm____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.