IN THE CASE OF:	  

		BOARD DATE:	    22 March 2012

		DOCKET NUMBER:  AR20110017164 


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 listing her second Army Commendation Medal (ARCOM) on her DD Form 214 (Certificate of Discharge or Release from Active Duty).

2.  The applicant states she didn't realize the award was missing.

3.  The applicant provides a copy of the DA Form 638 (Recommendation for Award) and the certificate for a second ARCOM.

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 served in the Regular Army from 5 February 2002 to 31 May 2005 when she was honorably released and transferred to the Reserve.
3.  The awards listed on her DD Form 214 include the Army Commendation Medal.  Her service record contains an ARCOM certificate for meritorious service for the period 3 through 28 February 2004 awarded by Commander, Fort Irwin, CA under Permanent Order Number 049-025.

4.  The DA Form 638 which the applicant submitted noted a previous award of the ARCOM.  The recommendation was approved by Commander, 43rd Area Support Group, Camp Arifjan, Kuwait and was published under Permanent Order Number 363-01.  The certificate carries that order number. 

DISCUSSION AND CONCLUSIONS:

The applicant received a second ARCOM.  It should show on 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 deleting ARCOM from her DD Form 214 and inserting ARCOM (2nd Award).




      _______ _   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)                                         AR20110017164



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017164



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1