IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029313 


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 all of her medals be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states all of her medals were not authorized until after she was discharged.

3.  The applicant provides her DD Form 214, a DA Form 1577 (Authorization for Issuance of Awards), and a DA Form 638 (Recommendation for Award) with accompanying documents.

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’s military records show that she enlisted in the Regular Army on 23 June 1977, was awarded the military occupational specialty of administration specialist, and was promoted to pay grade E-4.

3.  She was honorably released from active duty on 3 June 1980.  Her DD Form 214 shows she was awarded the Marksman Marksmanship Badge with Rifle Bar and Army Good Conduct Medal.

4.  On 26 June 1980, Permanent Orders 44-7 were published awarding the applicant the Army Commendation Medal (ARCOM).

DISCUSSION AND CONCLUSIONS:

It is evident that the applicant was awarded the ARCOM after her release from active duty.  It would be appropriate to now add that award to her 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 amending her DD Form 214 to add her ARCOM.




      _______ _   __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)                                         AR20100029313





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ABCMR Record of Proceedings (cont)                                         AR20100029313



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