IN THE CASE OF:

		BOARD DATE:  5 June 2018

		DOCKET NUMBER:  AR20160007301


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: 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:  5 June 2018

		DOCKET NUMBER:  AR20160007301


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 (Report of Separation 
from Active Duty), for the period ending 18 July 1979, to show he was awarded 
the Army Commendation Medal (ARCOM).

2.  The applicant states he requests the addition of the ARCOM to his  
DD Form 214.  

3.  The applicant provides his DD Form 214, DA Form 4980-14 (ARCOM 
Certificate), and his DA Form 2-1 (Personnel Qualification Record – Part II).

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 20 July 1976.  

3.  The applicant was assigned, on or about 30 November 1976, to Battery B, 1st 
Battalion, 62nd Air Defense Artillery (ADA) Regiment, 25th Infantry Division.

4.  An ARCOM Certificate, issued by Headquarters, 25th Infantry Division on 
16 July 1979, announced the applicant's award of the ARCOM for exceptionally 
meritorious service from November 1976 to July 1979.  The certificate does not 
include a permanent order number.

5.  The applicant was honorably released from active duty on 18 July 1979.  His 
DD Form 214 does not show that he was awarded the ARCOM.

6.  The applicant's record is void of orders that awarded him the ARCOM.  In 
addition, his record is void of evidence that shows he was awarded an individual 
service award for the same period of service covered by the subject ARCOM.

REFERENCES:

1.  Army Regulation 672-5-1 (Military Awards), in effect during his period of 
service, provides 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. 

2.  Army Regulation 635-5 (Separations Documents), in effect at the time of the 
applicant's active duty service, prescribed the separation documents prepared for 
Soldiers upon retirement, discharge, or release from active military service or 
control of the Army.  It established standardized policy for the preparation of the 
DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most 
recent period of continuous active service.  It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or 
discharge.

DISCUSSION:

1.  The applicant requests correction of his DD Form 214, for the period ending 
18 July 1979, to show he was awarded the ARCOM. 

2.  The applicant provides an ARCOM Certificate that announced his award of 
the ARCOM for exceptionally meritorious service from November 1976 to July 
1979; however, the ARCOM Certificate does not include a permanent order 
number and separate permanent orders awarding him the ARCOM are not 
contained in his available record.

3.  The ARCOM is not listed on the applicant's DD Form 214.

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 
amending his DD Form 214, for the period ending 18 July 1979, to show he was 
awarded the Army Commendation Medal.   
												 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160007301


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160007301


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2