IN THE CASE OF:	  

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080007040 


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, in effect, that an Army Commendation Medal (ARCOM) he was awarded be added to his record and separation document 
(DD Form 214).  

2.  The applicant states, in effect, he received the ARCOM for his meritorious  service in Korea, but the award was not listed on his record.  

3.  The applicant provides an ARCOM citation and certificate 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.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 23 August 1961, and was trained in and awarded military occupational specialty (MOS) 675.20 (Single-Rotor Helicopter Mechanic).  

3.  The applicant's Service Record (DA Form 24), Section 1 (Appointments, Promotions or Reductions) shows that he was promoted to specialist five (SP5)/E-5 on 13 April 1964, and that this is the highest rank he attained while serving on active duty.  Section 9 (Medals, Decorations, and Citations) shows that he earned the Marksman Marksmanship Qualification Badge with Rifle (M-1) and Pistol Bars and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  The ARCOM is not included in the list of awards in Section 9.

4.  The applicant's Official Military Personnel File (OMPF) contains orders that confirm the applicant qualified with the M-1 rifle and with the .45 caliber 
sub-machinegun and .45 caliber pistol.  There is no award recommendation 
(DA Form 638) or orders in his OMPF that show he was recommended for or awarded the ARCOM by proper authority while serving on active duty.  

5.  On 25 May 1964, the applicant was honorably released from active duty (REFRAD), in the rank of SP5, after completing 2 years, 9 months, and 3 days of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars and the Sharpshooter Marksmanship Qualification Badge with Sub-Machinegun Bar.  The ARCOM is not included in the list of awards in Item 26, and the applicant authenticated the separation document with his signature in Item 34 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.  

6.  The applicant provides an undated ARCOM certificate that indicates he was awarded the ARCOM for meritorious service in Korea.  The certificate does not contain a citation identifying the period of the award and does not contain a date in the signature portion.  He also provides an ARCOM citation that indicates he was awarded the ARCOM for meritorious service during the period 10 June 1963 through 11 May 1964.  The citation is undated and unsigned.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's separation stated to enter earned awards on the DD form 214, as verified from the Service Record and any other document authorized for filing in the record.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the ARCOM and that this award should be added to his record and separation document was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record is void of Service Record entries or orders that confirm the applicant was ever recommended for or awarded the ARCOM by proper authority while serving on active duty.  As a result, absent any evidence of record to corroborate the information contained on the undated ARCOM certificate and citation provided by the applicant, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  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 this requirement.

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)                                         AR20080007040



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ABCMR Record of Proceedings (cont)                                         AR20080007040


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