IN THE CASE OF: BOARD DATE: 13 October 2014 DOCKET NUMBER: AR20140003797 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM). 2. She states she received this award after she was discharged from the military. 3. She provides: * her DD Form 214 * a DA Form 2446 (Request for Orders) * a DA Form 4980-14 (ARCOM Certificate) 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 13 April 1984. 3. Her DA Form 2-1 (Personnel Qualification Record – Part II) does not show award of the ARCOM. 4. She was honorably discharged from active duty on 13 April 1987 by reason of physical disability with severance pay. Her DD Form 214 does not show award of the ARCOM. 5. She submitted: a. a DA Form 4980-14, dated 28 April 1987, which shows she was awarded the ARCOM for meritorious service during the period 10 October 1984 to 20 April 1987. b. a DA Form 2446, rendered by the personnel office of the 513th Military Intelligence Brigade, Fort Monmouth, NJ, dated 30 April 1987, announcing award of the ARCOM for the applicant during the period 10 October 1984 to 20 April 1987 and requesting the issuance of orders. 6. Her record is void orders or any allied documents awarding her the ARCOM. 7. Army Regulation 600-8-22 (Military Awards) states the ARCOM 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. DISCUSSION AND CONCLUSIONS: The request for orders plus the ARCOM certificate are sufficient evidence to show the applicant was awarded the ARCOM for her period of service from 10 October 1984 to 20 April 1987. Therefore, she is entitled to have her DD Form 214 corrected 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 adding the Army Commendation Medal to her 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) AR20140003797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003797 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1