BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018077 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018077 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018077 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). 2. The applicant states: a. he earned and received the ARCOM for putting his life on the line while serving in Desert Storm; b. every member of his unit (4th Battalion, 8th Infantry Regiment) received the ARCOM and can vouch for his receipt of this award; and c. it would be an injustice not to add the ARCOM to his DD Form 214. 3. The applicant does not provide any additional evidence. 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. Records show the applicant enlisted in the Regular Army on 6 July 1990 and held military occupational specialty11M (Fighting Vehicle Infantryman). The highest rank/grade he attained was specialist/E-4. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) includes an entry in item 5 (Oversea Service) that shows completion of 5 months of service in Southwest Asia (SWA) from 25 February to 17 May 1990. Item 9 (Awards, Decorations, and Campaigns) does not list the ARCOM. 4. On 7 July 1994, he was discharged from active duty under honorable conditions (general). His DD Form 214 shows he earned the following awards: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Southwest Asia Service Medal with 3 bronze service stars * Kuwait Liberation Medal * Humanitarian Service Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. On 31 December 2013, a DD Form 215 (Correction to the DD Form 214) was issued the applicant. It deleted the Kuwait Liberation Medal and added the following awards: * Korea Defense Service Medal * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait 6. His record is void of orders awarding him the ARCOM. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: Award of the ARCOM requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain orders showing he was awarded the ARCOM. Other than his own statement, there is no evidence indicating he received this award. . //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018077 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2