APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to show that he was awarded the Army Commendation Medal (ARCOM) and the National Defense Service Medal (NDSM) and that he be issued a discharge certificate.
APPLICANT STATES: That the above awards were not listed on his DD Form 214 and he was not issued a discharge certificate. He further states that he needs his DD Form 214 corrected so that he will have authority to wear the awards on his US Naval Reserve uniform.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 15 November 1974 and upon completion of his term of service was honorably released from active duty on 14 November 1977 and transferred to the USAR. The only award listed on his DD Form 214 is the Marksmanship Badge with rifle bar.
The available records contain no evidence that he was recommended for or awarded the ARCOM or the NDSM.
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
The same regulation provides that the ARCOM is awarded to any member of the Armed Forces of the United States, while serving in any capacity with the Army, who distinguishes himself by heroism, meritorious achievement or meritorious service. The award may be made to any individual recommended for the award.
The awards regulation also provides that the NDSM is awarded for honorable service for any period between 27 June 1950 and 27 July 1954 inclusive, between 1 January 1961 and 14 August 1974 inclusive, and 2 August 1990 and a date to be determined.
Army Regulation 635-5, the regulation governing preparation of separation documents, including discharge certificates, provides that the discharge certificate will be issued upon completion of the statutory service obligation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Based on the dates of his active service (15 November 1974 through 14 November 1977, he is not eligible for award of the NDSM.
2. The applicant should have been issued a discharge certificate on completion of his statutory service obligation on 15 November 1980.
3. The award of a decoration requires that a recommendation be prepared and approved. The available record contains no evidence that he was recommended for or awarded the ARCOM.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement
5. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The ARPERCEN will be requested to issue to the applicant a certificate evincing that he was honorably discharged on 15 November 1980.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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