IN THE CASE OF:	 

		BOARD DATE:	        28 APRIL 2009

		DOCKET NUMBER:  AR20080019281 


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 records to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states that he believes this medal should be listed in his records.

3.  The applicant provides a copy of a citation for award of the ARCOM and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 September 1973 in support of his application.

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.  After having prior enlisted service in the Army National Guard and the Regular Army, the applicant was appointed as a Reserve commissioned officer on 3 October 1961 with a concurrent call to active duty.  He was promoted to major on 21 August 1968.

3.  The applicant provided a citation which indicates he was presented the ARCOM for meritorious achievement in connection with military operations against an armed hostile force on 9 February 1967 in the Republic of Vietnam.

4.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the ARCOM.

5.  The applicant was released from active duty on 13 September 1973.  His DD Form 214 for the period ending 13 September 1973 does not show the ARCOM as an authorized award.

6.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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 AND CONCLUSIONS:

1.  The applicant provided a citation for the ARCOM.  Regrettably, however, absent orders authorizing him award of the ARCOM, this document alone is not sufficient to support correction of his records to show award of the ARCOM.

2.  However, if the applicant has orders for award of the ARCOM he is advised to provide a copy of these orders for reconsideration of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  _____X___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________XXX_____________
                 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.

ABCMR Record of Proceedings (cont)                                         AR20080019281



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ABCMR Record of Proceedings (cont)                                         AR20080019281



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