| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That he be awarded the Army Commendation Medal (ARCOM). The applicant indicates that the date of discovery of the alleged error or injustice was June 2001 but offers no specifics on why it would be in the interest of justice for the Board to consider this application.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 19 February 1965 at the age of 24 with 16 years of education. He completed basic training and advanced individual training (AIT) for 31M (Radio Relay and Carrier Operator).
The applicant served as a 31M for his entire period of service, which included service in Korea (11 August 1965 to 13 September 1966) and in Vietnam (13 March 1967 to 4 February 1968). He attained the rank of sergeant, pay-grade E-5, on 24 June 1967. His conduct and efficiency for all recorded periods was excellent. The applicant was released from active duty on 6 February 1968 and upon completion of his reserve obligation received an Honorable Discharge.
The applicant’s record shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, the Vietnam Campaign Medal with 1960 device and the Expert Qualification Badge with rifle bar. His record also contains a Letter of Appreciation, dated 5 November 1967, signed by his company commander and a Letter of Recognition, dated 30 July 1965, signed by the Assistant Commandant, Southeastern Signal School, Ft. Gordon, Georgia.
There is no evidence that the applicant was formally recommended for an ARCOM, nor has the applicant documented what he did to distinguish himself for award of this medal.
Army Regulation 600-8-22 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.
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. The Board may excuse any failure to timely file when it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 6 February 1968, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 6 February 1971.
The application is dated 28 June 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__INW__ __HOF ___ __DPH _ CONCUR WITH DETERMINATION
| CASE ID | AR2001060028 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020115 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | Deny |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.002 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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