BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130018112 


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 (ARCOM) and the entry Criminal Investigation Agent Course in item 14 to read Counterintelligence Agent Course.

2.  The applicant states his award of the ARCOM was not added to his DD Form 214 and it reflects that he completed the Criminal Investigation Agent Course when, in fact, it was the Counterintelligence Agent Course.

3.  The applicant provides copies of his ARCOM and military occupational specialty (MOS) orders.

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 17 August 1998 for training as a counterintelligence agent in MOS 97B.  He completed training; he was awarded MOS 97B; and he was assigned to Fort Bragg, North Carolina.

3.  Headquarters, 317th Military Intelligence Battalion, Permanent Order Number 274-13, dated 1 October 2001, awarded the applicant the ARCOM.

4.  On 12 September 2001, he was honorably discharged due to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).  His DD Form 214 does not reflect his award of the ARCOM and item 14 shows he completed the Criminal Investigation Agent Course, 17 weeks, 1999.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have merit.

2.  His award of the ARCOM was omitted from his DD Form 214 and his completion of the Counterintelligence Agent Course was incorrectly entered as the Criminal Investigation Agent Course.

3.  Accordingly, his DD Form 214 should be corrected to show his award of the ARCOM and completion of the Counterintelligence Agent Course, 17 weeks, 1999.

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:

* adding award of the ARCOM to his DD Form 214
* deleting the Criminal Investigation Agent Course, 17 weeks, 1999, from item 14 of his DD Form 214
* adding the Counterintelligence Agent Course, 17 weeks, 1999, to item 14 of 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)                                         AR20130018112



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ABCMR Record of Proceedings (cont)                                         AR20130018112



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