IN THE CASE OF:	  

		BOARD DATE:  28 June 2012

		DOCKET NUMBER:  AR20110023738 


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 award of the Army Commendation Medal (ARCOM) (6th Award).

2.  He states the award was never annotated on his DD Form 214.  

3.  He provides:

* a copy of his DD Form 214
* a DA Form 638 (Recommendation for Award)
* an 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 DA Form 638 shows Permanent Orders Number 219-07, dated 
26 August 2008, awarded him the ARCOM (6th Award) for the period 
1 November 1998 to 31 October 2008.

3.  His DD Form 214 shows he retired on 31 October 2008, after completing more than 20 years of honorable service.  This form shows, in part, the ARCOM (5th Award). 

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded him the ARCOM (6th Award).  As a result, he is entitled to have this award added to his 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 his DD Form 214 by deleting the ARCOM (5th Award) and adding the ARCOM (6th 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)                                         AR20110023738





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ABCMR Record of Proceedings (cont)                                         AR20110023738



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