IN THE CASE OF: BOARD DATE: 15 June 2010 DOCKET NUMBER: AR20090020050 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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal (ARCOM). 2. The applicant states: * He was awarded the ARCOM in 1968 for valor and sacrifice while serving in Vietnam * He was a member of Company C, 124th Signal Battalion, 4th Infantry Division * He is applying for a Post Traumatic Stress Disorder disability rating from the Department of Veterans Affairs and he needs evidence of the award for his claim * The award is not included on his DD Form 214 or anywhere in his personal records * Please find the record showing he was awarded the ARCOM so it can be added to his official file as soon as possible 3. The applicant provides an undated, handwritten note addressed "To whom it may concern" and a copy of his 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 was inducted into the Army on 12 March 1968. He completed training as a power plant operator/mechanic. He arrived in Vietnam on 24 August 1968. 3. On 14 October 1969, the applicant returned to the Continental United States and he was honorably released from active duty as an overseas returnee. 4. The DD Form 214 he was issued shows the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Expert Marksmanship Qualification Badge (Rifle M-14 and M-16) * Two Overseas Service Bars 5. The applicant's records do not contain orders awarding him the ARCOM. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Brand of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the ARCOM. 7. 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, 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. A review of the available records does not show the applicant was ever awarded the ARCOM and the applicant has provided no evidence to show he was awarded the ARCOM. Therefore, there is insufficient evidence to correct his DD Form 214 to show award of the ARCOM. 2. All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders. 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. __________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. ABCMR Record of Proceedings (cont) AR20090020050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1