BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130010267 


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 (Report of Separation from Active Duty) for the period ending 18 December 1974 to show award of the Army Commendation Medal (ARCOM) and the issuance of a DD Form 215 (Correction to DD Form 214).

2.  He states his ARCOM is not shown on his DD Form 214.

3.  He provides correspondence from the National Personnel Records Center, a citation for an unidentified award for meritorious service, and his DD Form 214 for the period ending 18 December 1974.

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 31 May 1972, the applicant enlisted in the Regular Army.

3.  Headquarters, U.S. Army Europe and 7th Army, General Orders Number 8813, dated 5 November 1974, awarded him the ARCOM for meritorious service during the period October 1972 to October 1974.

4.  On 18 December 1974, he was discharged for immediate reenlistment.  The DD Form 214 issued for this period of service does not show award of the ARCOM.

5.  He reenlisted on 19 December 1974.  On 12 December 1977, he was honorably released from active duty.  The DD Form 214 issued for this period of service does not show award of the ARCOM.

DISCUSSION AND CONCLUSIONS:

Prior to reenlisting in 1974, the applicant was awarded the ARCOM for meritorious service.  He is entitled to correction of each of his DD Forms 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 the evidence presented is 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 issuing DD Forms 215 adding the ARCOM to each of his DD Forms 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)                                         AR20130010267



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ABCMR Record of Proceedings (cont)                                         AR20130010267



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