IN THE CASE OF:	  

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110013170 


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 the Army Commendation Medal (ARCOM) and a Commanding General's (CG) Letter of Commendation be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was not aware he could request a change to his
DD Form 214.

3.  The applicant provides:

* ARCOM Certificate
* CG Letter of Commendation with 1st and 2nd Endorsements

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 U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 24 September 1982.  On 27 December 1982, he was discharged from the DEP and enlisted in the Regular Army for 2 years on 28 December 1982.

3.  The applicant's Official Military Personnel File (OMPF) contains:

* Permanent Orders 211-4, Headquarters, 24th Infantry Division and Fort Stewart, GA, dated 13 November 1984, awarding the Army Good Conduct Medal (AGCM)
* Permanent Orders 74-1, Headquarters, 24th Infantry Division and Fort Stewart, GA, dated 20 April 1984, awarding the Army Achievement Medal (AAM)
* a copy of the CG Letter of Commendation with Endorsements

4.  There are no orders awarding the ARCOM in the applicant's OMPF.  A review of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) does not show the ARCOM as an authorized award in Block 9 (Awards, Decorations and Campaigns).

5.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the ARCOM and a CG Letter of Commendation be added to his DD Form 214.


2.  Army regulations require orders for the issuance of awards and decorations.  Without orders, the ARCOM Certificate provided by the applicant is insufficient evidence to add the award to his DD Form 214.

3.  Army regulations prohibit the listing of certificates of achievement, letters of appreciation, and similar documents on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the applicant's service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20110013170



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ABCMR Record of Proceedings (cont)                                         AR20110013170



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