ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20190009233 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) (2nd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * ARCOM Certificate, dated 26 November 1985 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 discharged in July 1985 and his second ARCOM was issued in November 1985. As a result, his second ARCOM was not included in his Official Military Personnel File or recorded on his DD Form 214. 3. The applicant enlisted in the Regular Army on 20 January 1981. 4. The applicant's available records contain orders, dated 5 January 1984, issued by Headquarters, 59th Ordnance Brigade, awarding him the ARCOM for meritorious service during the period 28 April 1982 to 17 December 1983. 5. The applicant's records are void of orders awarding him the ARCOM (2nd Award). His DA Form 2-1 (Personnel Qualification Record – Part II) does not show the ARCOM (2nd Award) in item 9 (Awards, Decorations, and Campaigns). 6. The applicant was discharged on 17 July 1985. His DD Form 214 does not show the ARCOM (2nd Award) as an authorized award. 7. The applicant provided an ARCOM Certificate showing he was awarded the ARCOM for meritorious service during the period 20 April 1984 to 17 June 1985. The certificate does not contain the orders number. 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, his duty assignments, the reason for his separation and the ARCOM certificate. The Board considered the citation, the dates of the period of meritorious service and the date of approval, after his release from service prior to ETS. Based on a preponderance of evidence, the Board determined that the applicant’s record should be corrected to add the second ARCOM. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 item 13 (DECORATIONS, MEDALS, BADGES. CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) of the applicant’s DD Form 214 for the period of service ending 17 July 1985 as follows: - removing Army Commendation Medal, and - adding 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) 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) AR20190009233 4 1