IN THE CASE OF:	  

		BOARD DATE:	  11 February 2016

		DOCKET NUMBER:  AR20150007790 


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 (ARCOM).

2.  He states, in effect, the ARCOM was processed after his DD Form 214 was completed; therefore, it was not listed.

3.  He provides his 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 applicant served in the Regular Army from 7 July 1992 until he was honorably released from active duty on 6 July 1995.
3.  He provides his ARCOM certificate which shows that Permanent Orders 249-3, issued by U.S. Army Medical Department Activities Command, Fort Campbell, KY, awarded him the ARCOM for the period 6 July 1993 to 6 July 1995.

4.  His DD Form 214 shows:

*	Army Achievement Medal (2nd Award)
* Army Lapel Pin
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Badge with Rifle and Hand Grenade Bars
* Air Assault Badge
* Driver and Mechanic Badge

DISCUSSION AND CONCLUSIONS:

Permanent orders awarded him the ARCOM and it appears an administrative delay prevented the award from being captured on his DD Form 214.  It would be appropriate to add the ARCOM 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 adding the ARCOM to item 13 of his DD Form 214, effective 6 July 1995.

      _______ _   _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)                                         AR20150007790





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ABCMR Record of Proceedings (cont)                                         AR20150007790



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