BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160000570 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 BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160000570 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 adding the following awards and decorations to his DD Form 214: * Army Commendation Medal * Expert Infantryman Badge ___________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: 10 August 2017 DOCKET NUMBER: AR20160000570 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 * Expert Infantryman Badge 2. The applicant states: a.  He earned the Expert Infantryman Badge on his first attempt and he was awarded the Army Commendation Medal because of this. b.  Both awards are missing from his DD Form 214. He worked hard to pass the test and he did well for only being in the Army for 1 year at the time. 3. The applicant provides no 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. The applicant enlisted in the Regular Army on 2 February 1988. He completed training and he was awarded military occupational specialty 11B (Infantryman). 3. Headquarters, 7th Infantry Division (Light) and Fort Ord, Permanent Orders 186-77, dated 26 September 1988, awarded him the Expert Infantryman Badge. 4. Headquarters, 7th Infantry Division (Light) and Fort Ord, Permanent Orders 200-97, dated 17 October 1988, awarded him the Army Commendation Medal for meritorious achievement during the period 22 August 1988 to 2 September 1988. 5. On 6 January 1990, he was honorably discharged due to a temporary physical disability. His DD Form 214 shows he completed 1 year, 11 months, and 5 days of creditable active military service. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade 6. On 7 January 1990, he was placed on the Temporary Disability Retired List. 7. On 8 June 1993, he was removed from the Temporary Disability Retired List and discharged with severance pay. 8. On 15 November 1994, he was issued a DD Form 215 (Correction to DD Form 214) which, in part, amended block 23 (Type of Separation) on his DD Form 214 to show retirement. REFERENCES: 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. Instructions stated for item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), entries would be for all periods of service and to check the Soldier's service records for validity of awards. Do not abbreviate when listing the entries. DISCUSSION: Permanent orders awarded him the Army Commendation Medal and Expert Infantryman Badge. This award and badge 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) XX 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000570 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2