IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018036 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: 27 April 2017 DOCKET NUMBER: AR20150018036 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. deleting the Army Commendation Medal from his DD Form 214; and b. adding to his DD Form 214: * Army Commendation Medal with First Oak Leaf Cluster * Army Good Conduct 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. IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018036 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 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Army Commendation Medal with Oak Leaf Cluster * Army Good Conduct Medal 2. The applicant states the above awards were omitted from his DD form 214. 3. The applicant provides: * General Orders Number 1, Headquarters, U.S. Army Alaska, dated 4 January 1971 * Army Commendation Medal Certificate and Citation, dated 12 September 1970 * General Orders Number 88, Headquarters, U.S. Army Alaska, dated 26 February 1971 * Army Commendation Medal, First Oak Leaf Cluster, Certificate and Citation, dated 26 February 1971 * General Orders Number 6, Fort Greely, Alaska, dated 18 March 1971 * DD Form 214 for the period ending 17 March 1971 * DD Form 256A (Honorable Discharge Certificate), dated 1 June 1975 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. On 18 June 1969, the applicant was inducted into the Army of the United States. 3. On 7 January 1970, the applicant departed Fort Ord, California, for duty at Fort Greely, Alaska. 4. General Orders Number 1, U.S. Army Alaska, dated 4 January 1971, announced the applicant’s award of the Army Commendation Medal for meritorious achievement during the period 3 to 9 September 1970. The accompanying citation states he distinguished himself while participating in an air recovery operation involving the remains of the crew from a crashed airplane. 5. General Orders Number 88, U.S. Army Alaska, dated 26 February 1971, announced the applicant’s award of the Army Commendation Medal, First Oak Leaf Cluster, for meritorious achievement on 3 February 1971. The accompanying citation states he distinguished himself as an instructor at the Northern Warfare Training Center and he was chosen as the Soldier of the Year. 6. General Orders Number 6, Fort Greely, Alaska, dated 18 March 1971, announced the applicant’s award of the Army Good Conduct Medal for the period 18 June 1969 to 20 March 1971. 7. On 17 March 1971, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E5, and he had completed 1 year and 9 months of creditable active service. His DD Form 214 lists his awards as: * National Defense Service Medal * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It further required entries for all decorations, medals and badges earned by the Soldier. DISCUSSION: General Orders show the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster and the Army Good Conduct Medal; however, these medals are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2