ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190006678 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) (2nd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 March 2019 * DA Form 4980-14 (Army Commendation Medal Certificate), dated 27 March 1986 * DA Form 4980-14, dated 30 April 1987 * 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: a. His first ARCOM was awarded on 27 March 1986 while he was serving as an Operations Sergeant for E Battery, Student Battalion, School Brigade, Fort Bliss. b. His second ARCOM was awarded on 30 April 1987 while he was serving as a Training Noncommissioned Officer, Headquarters and Headquarters Battery, 1st Battalion (Patriot), 43rd Air Defense Artillery, Fort Bliss. c. His second ARCOM should have been included on his DD Form 214 but was overlooked. He received the medal 14 days prior to his honorable discharge and it was not placed in his Official Military Personnel File, which he assumed because his records were transferred for his discharge. d. His award shows he gave his country 150 percent which ended his military career due to medical issues which started while he was serving and training in the field with two patriot battalions during center certification testing. 3. The applicant's records are not available for review. 4. The applicant enlisted in the Regular Army on 14 January 1982. 5. He provided two DA Forms 4980-14: a. for the periods 24 October 1985 and 11 February 1986, dated 27 March 1986, showing the Commander, The School Brigade, Fort Bliss, awarded him the ARCOM for meritorious service as operations sergeant while service with Echo Battery, Student Battalion and b. for the period 30 October 1986 through 30 April 1987, dated 30 April 1987, showing the Commander, The School Brigade, Fort Bliss, awarded him the ARCOM for meritorious service in the performance of his duties while assigned to Headquarters and Headquarters Battery, 1st Battalion (Patriot), 43rd Air Defense Artillery. 6. On 13 May 1987, he was honorably relieved from active duty. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows, in part, award of the ARCOM (1st Award only). 7. On 6 June 2019, the applicant was contacted and asked to provide a copy of the orders awarding him the ARCOM (2nd Award). The applicant responded on the same date and indicated that the ARCOM (2nd Award) was presented to him a week prior to his expiration of term of service. At the time his ARCOM (2nd Award) was presented, he was in the process of clearing his quarters and moving his family from Fort Bliss, Texas to Chicago, California. The orders for the ARCOM (2nd Award) were not given to him nor mailed to his Chicago home of record. He also stated his displeasure with the questioning of the validity of his ARCOM (2nd Award). 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, the two ARCOM certificates, the absence of orders and the proximity of the second ARCOM’s dates to his separation date. Based on a preponderance of evidence, the Board determined that the applicant’s DD Form 214 should show the award of an ARCOM (1OLC). 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 partial 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 of service ending 13 May 1987 as follows: - Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – delete “Army Commendation Medal”, and; - Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – add “Army Commendation Medal (1OLC)”. 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. ADMINISTRATIVE NOTE(S): not applicable 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. It states 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. ABCMR Record of Proceedings (cont) AR20190006678 3 1