ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20190004823 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ARCOM Certificate * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was awarded the ARCOM on 5 November 2017 (presumably he intended to write 2007), along with the rest of his brigade by Colonel D____ S____ upon the completion of their deployment for Operation Iraqi Freedom 06-08. 3. The applicant enlisted in the Regular Army on 9 November 2006. 4. He provided a copy of a signed ARCOM Certificate, listing Permanent Order Number 309-027, which shows he was awarded the ARCOM on 5 November 2007 for meritorious service during continuous full spectrum operations throughout the 3rd “Greywolf” Heavy Brigade Combat Team’s area of responsibility in support of Operation Iraqi Freedom 06-08. 5. His records do not contain a copy of the corresponding DA Form 638 (Recommendation for Award) for the ARCOM Certificate. 6. The applicant’s DD Form 214 shows he was honorably discharged on 22 April 2008 due to hardship after 1 year, 5 months, and 14 days of net active service. His DD Form 214 does not reflect award of the ARCOM. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the ARCOM certificate he provided, the absence of a DA Form 638, the entries on his DD form 214 and the reason for his separation. The Board found that the certificate contained an Orders Number. Based on a preponderance of evidence, the Board determined that the ARCOM should be added to the applicant’s DD Form 214. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the DD form 214 for the period of service ending 22 April 2008, item 13 (Decorations, Medals, Badges….) – “ARCOM.” 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. A DA Form 638 (Recommendation for Award) will be used to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations. Permanent award orders are an authorized part of the DA Form 638. Permanent award orders authority may be delegated to award approval authorities who would normally not publish Permanent Orders. c. The award of all decorations, except for the Medal of Honor, will be announced in Permanent Orders by the appropriate awards approval authority. Only awards for the Bronze Star Medal or higher are required to receive a separate Permanent Order using Format 320 (awards orders), otherwise a DA Form 638 is used to issue permanent orders for awards and the approval authority will prepare the corresponding award certificate by including the Permanent Order Number on the signed award certificate. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190004823 4 1