BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017318 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: 8 August 2018 DOCKET NUMBER: AR20160017318 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 Army Commendation Medal and Navy Unit Commendation to his DD Form 214. ____________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: 8 August 2018 DOCKET NUMBER: AR20160017318 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 and Navy Unit Commendation. 2. The applicant states the record is in error because he has the awards documentation and evidence. 3. The applicant provides: * Army Commendation Medal orders and certificate * documentation on the 1st Cavalry Division order of battle in Southwest Asia * Navy Unit Commendation orders * list of awards 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 U.S. Army Reserve (USAR) on 23 October 1987 under the Delayed Entry Program for a period of 8 years. He was discharged from the USAR Delayed Entry Program for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 4 December 1987 for a period of 3 years. He served in Southwest Asia from 26 September 1990 to 11 April 1991. 3. Headquarters, 1st (TIGER) Brigade, Permanent Order 07-012, dated 1 June 1991, awarded him the Army Commendation Medal for meritorious service for the period 17 January 1991 to 1 March 1991. His Army Commendation Medal certificate states he was assigned to the 1st (TIGER) Brigade, 2d Armored Division, during this period while participating in Operation Desert Storm. 4. On 10 July 1991, he was honorably released from active duty. 5. His DD Form 214 does not show the Army Commendation Medal or Navy Unit Commendation as authorized awards. 6. Headquarters, Department of the Army General Orders Number 34, dated 30 December 1992, shows the 1st Tiger Brigade, 2d Armored Division, was awarded the Navy Unit Commendation for the period 14 August 1990 to 16 April 1991. 7. On 5 December 1995, he was honorably discharged from the USAR. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). DISCUSSION: Orders show the applicant was awarded the Army Commendation Medal and Navy Unit Commendation. His DD Form 214 does not show these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017318 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017318 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2