IN THE CASE OF:	  

		BOARD DATE:	  1 March 2016

		DOCKET NUMBER:  AR20150008435 


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 the Army Commendation Medal.

2.  The applicant states he was awarded the Army Commendation Medal for meritorious service just prior to his separation from active duty service; however, the award is not recorded on his DD Form 214.

3.  The applicant provides a copy of his DA Form 4980-14 (Army Commendation Medal 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 16 January 2002 for a period of 5 years.  He was awarded military occupational specialty 91K (Medical Laboratory Specialist).  He attained the rank of specialist/pay grade E-4.

3.  A DA Form 4980-14 shows Headquarters, U.S. Army Medical Research Institute of Infectious Diseases, Fort Detrick, MD, Permanent Orders Number 133-02, dated 13 May 2005, awarded the applicant the Army Commendation Medal for meritorious service from 15 May 2003 to 15 June 2005.

4.  The applicant's DD Form 214 shows he was honorably discharged on 15 June 2005.  He had completed 3 years and 5 months of net active service during this period.  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal.

2.  Based on the evidence of record, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

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 adding to item 13 of his DD Form 214 the Army Commendation Medal.




      _______ _   _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)                                         AR20150008435



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ABCMR Record of Proceedings (cont)                                         AR20150008435



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