IN THE CASE OF:
BOARD DATE: 15 OCTOBER 2008
DOCKET NUMBER: AR20080010408
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM).
2. The applicant states, in effect, that his ARCOM was not annotated on his
DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his ARCOM Award 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 18 February 1977, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 6 years. On 21 March 1980, he was discharged from the DEP and enlisted in the Regular Army for 3 years. He completed the training requirements and was awarded military occupational specialty 76W (Petroleum Supply Specialist). He attained the grade of specialist four/E-4. On 21 March 1980, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On
17 February 1983, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant's official record does not contain any orders awarding the applicant the ARCOM. There is no other evidence in the record showing he was recommended for or awarded the ARCOM. His DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the ARCOM.
4. The applicant provided a copy of his ARCOM Award Certificate which shows that he was awarded the ARCOM on 16 March 1980 for exceptionally meritorious service in the performance of his duties during the period December 1978 through March 1980.
5. 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 contends that he was awarded the ARCOM, but it was not annotated on his DD Form 214. He provided a copy of his ARCOM Award Certificate; however, it does not contain corroborating evidence of an order number.
2. Award of the ARCOM requires formal recommendation, approval through the chain of command, and announcement in orders. A copy of the ARCOM Award Certificate alone is insufficient evidence upon which to correct his record to show he was awarded the ARCOM. His official record does not contain a citation of orders or any other corroborating evidence that he was awarded the ARCOM. If the applicant retained a copy of his orders awarding him the ARCOM, he can submit the corroborating evidence to support his request.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement at this time.
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) AR20080010408
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