BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020273 


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 his award of the Army Commendation Medal (ARCOM) with three oak leaf clusters (3OLC).

2.  The applicant states, in effect, that he has four awards of the ARCOM and his DD Form 214 should reflect award of the Army Commendation Medal with 3OLC instead of the Army Commendation Medal with 2OLC.

3.  The applicant provides a copy of orders amending his last award of the Army Commendation Medal to show the “3d Oak Leaf Cluster.”

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 21 November 1977 and served until he was discharged on 9 September 1988.  His DD Form 214 shows the entry “Army Commendation Medal w/2d Oak Leaf Cluster.”

3.  A review of his Official Military Personnel File shows he was awarded Army Commendation Medal in the following orders:

* Permanent Orders Number 139-3 dated 17 September 1980
* Permanent Orders Number 28-10 dated 3 March 1981
* Permanent  Orders Number 114-4 dated 17 June 1983
* Permanent  Orders Number 40-2 dated 2 March 1988

4.  It also shows Permanent Orders 70-7 issued by the Personnel Service Center, Fort Riley, KS, dated 15 April 1988 amended his last ARCOM order to reflect the ARCOM with 3OLC.

5.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

DISCUSSION AND CONCLUSIONS:

Evidence shows the applicant was awarded four awards of the Army Commendation Medal during his service.  Therefore, he is entitled to have those awards properly reflected on his DD Form 214.

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:

* Deleting from his DD Form 214 the “Army Commendation Medal w/2d Oak Leaf Cluster” and
* Adding to his DD Form 214 the “Army Commendation Medal with 3d Oak Leaf Cluster” 



      ________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)                                         AR20130020273





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020273



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1