BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160017369 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: 1 August 2018 DOCKET NUMBER: AR20160017369 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: 1 August 2018 DOCKET NUMBER: AR20160017369 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, in effect, he was awarded the ARCOM and he was assigned to 1st Battalion, 75th Ranger Regiment for Operation Enduring Freedom. 3. The applicant provides: * National Service Officer Certification of Training * Army Review Boards Agency letter, dated 25 April 2007 * Disabled American Veteran letter, dated 17 October 2016 * DD Form 214 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 26 April 2001 for a 6-year period. 3. His Enlisted Record Brief, dated 6 April 2005, shows: a. award of the: * Presidential Unit Citation (Army) * National Defense Service Medal * Army Service Ribbon * Global War on Terrorism Service Medal b. his assignment to Company A, 75th Ranger Regiment during the period 19 November 2001 to 14 December 2002. 4. On 19 May 2005, he was discharged under honorable conditions. His DD Form 214 does not show award of the ARCOM. 5. He provided: a. an undated National Service Officer, Disabled American Veterans certification from R___ B___, certifying his Department of Veterans Affairs training, b. Army Review Board's Agency letter, dated 25 April 2007, showing his discharge was upgraded to an honorable discharge, and c. a letter from the Disabled American Veterans, dated 17 October 2016, which forwarded his application to the ABCMR. 6. His records are void of and he failed to provide orders showing he was awarded the ARCOM. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal 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: 1. The applicant contends he was awarded the ARCOM and this award is not shown on his DD Form 214. 2. His records are void of and he failed to provide evidence showing he was awarded the ARCOM. 3. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2