IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009100 BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009100 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 showing, in addition to the awards already-shown on his DD Form 214, that his awards include the Army Commendation Medal. ___________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. Enclosure 1 IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009100 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) by showing he was awarded the Army Commendation Medal (ARCOM). He further requests a new DD Form 214 and information on benefits. 2. The applicant states his DD Form 214 does not reflect his ARCOM. 3. The applicant provides a copy of Permanent Order 150-47, Fort Hood, Texas, dated 6 October 1982. 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 Regular Army on 15 August 1978. He served as a legal clerk and attained the rank of specialist four, pay grade E-4 effective 1 February 1980. 3. On 14 August 1982, he was honorably released from active duty. His DD Form 214 shows his awards as: * Army Service Ribbon * Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Overseas Service Ribbon 4. Permanent Order 150-47, dated 6 October 1982, as provided by the applicant, and filed in his Official Military Personnel File announced his award of the ARCOM for meritorious service from 4 November 1981 to 30 July 1982. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service. b. After a Soldier departs the transition center and/or if distribution of the DD Form 214 has been made, correct the error by forwarding a memorandum (to the appropriate location below) requesting a new DD Form 214 or DD Form 215, as applicable. c. Once a DD Form 214 has been issued, do not reissue except: * when directed by proper appellate authority, Executive Order, or by the Secretary of the Army * When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) provides the policies, standards, and procedures for this Board to correct Army military records. It does not authorize this Board to provide information about benefits. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show his award of the ARCOM. He further contends that he should receive a new DD Form 214 and information on benefits. 2. The available evidence shows that permanent orders were published after he had already separated from active duty which announced his award of the ARCOM. Accordingly, it would be appropriate to add this medal to his DD Form 214. 3. However, it would not be appropriate to issue the applicant a new DD Form 214 based on this correction. 4. It also would not be appropriate for this Board to provide information about benefits. He should consult the Department of Veterans Affairs or one of the service organizations for assistance with acquiring such information and/or guidance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009100 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2