IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080012978
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 his record and separation document (DD Form 214, Report of Separation from the Armed Forces of the United States) be corrected to reflect all awards to which he is entitled.
2. The applicant states, in effect, that his DD Form 214 reflects only that he earned the National Defense Service Medal (NDSM) and Army Good Conduct Medal (AGCM), and he believes he is entitled to the Army Commendation Medal (ARCOM) and other awards.
3. The applicant provides his DD Form 214, an ARCOM information sheet, several orders, and a discharge 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. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that primarily consist of the applicant's separation document and the documents submitted by the applicant.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 12 July 1954. It also shows he was trained in and served in military occupational specialty 912.10 (Medical Specialist), and that he held the rank of specialist three (SP3) on the date of his separation. It further shows that he completed a total of 2 years, 5 months, and 5 days of active military service of which 1 year, 5 months, and 16 days were served overseas, and that he was honorably released from active duty (REFRAD) on 20 June 1956.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he earned the NDSM and AGCM. No other awards, to include the ARCOM, are listed in item 27 and the applicant authenticated the separation document with his signature in item 48 (Signature of Person Being Separated) on the date of his REFRAD.
5. The NPRC file is void of any award orders or documents that indicate the applicant was ever recommended for or awarded the ARCOM or any other awards by proper authority during his active duty tenure.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-16 of the awards regulation contains guidance on the ARCOM. It states, in pertinent part, that it is awarded to any member who, while serving in any capacity the Army after 6 December 1941, distinguishes 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's contention of entitlement to award of the ARCOM or any other awards was carefully considered. However, there is insufficient evidence to support his claim.
2. The NPRC file is void of any orders or other documents that show the applicant was ever recommended for or awarded the ARCOM or any other awards and/or decorations during his active duty tenure. Further, the applicant has failed to provide any independent evidence confirming his entitlement to additional awards.
3. The available evidence includes a properly constituted DD Form 214 which was authenticated by the applicant with his signature on the date of his separation. This document shows the applicant earned only the NDSM and AGCM while serving on active duty. In effect, the applicants signature on the separation document was his verification that the information contained on the DD Form 214, to include the list of awards in item 27, was correct at the time the separation document was prepared and issued. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
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 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) AR20080012978
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ABCMR Record of Proceedings (cont) AR20080012978
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