IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080015867
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, reconsideration of his earlier petition that the Army Commendation Medal (ARCOM) he earned be added to the list of awards contained in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 31 October 1962
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He further requests that his case be expeditiously processed to correct his DD Form 214 to add his award of the ARCOM.
3. The applicant provides Headquarters, USATC, Infantry, Fort Dix, New Jersey, General Orders Number 577, dated 5 December 1962 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000429 on 15 May 2008.
3. The applicant now provides new evidence in support of his previous request that requires reconsideration. The applicant provides Headquarters, USATC, Infantry, Fort Dix, New Jersey, General Orders Number 577, dated 5 December 1962. This document shows he was awarded the ARCOM for meritorious service during the period 28 November 1961 through 31 October 1962.
4. During its original review of the case, the Board determined there was no evidence of record that indicated the applicant had ever been awarded the ARCOM by proper authority while serving on active duty and as a result determined there was insufficient evidence to support award of the ARCOM.
Therefore, the Board advised the applicant of his option to request the ARCOM under the provisions of Title 10 of the United States Code, Section 1130.
5. The applicant's record shows he was initially inducted into the Army of the
United States (AUS) on 24 August 1942 and that he entered active duty on
8 September 1942. He continually served in that status for 2 years, 8 months, and 15 days until being honorably discharged, on 8 May 1945, in the grade of private first class (PFC), in order to accept a commission as a second lieutenant (2LT).
6. On 9 May 1945, the applicant was appointed a 2LT in the AUS.
7. The applicant's DA Form 66 (Officer Qualification Record) shows in Item 17 (Foreign Service) he served in the Pacific Asiatic Theatre during the period
29 July 1945 through 31 March 1947; European Command during the period
20 May 1950 through 3 July 1953; and the Republic of Vietnam during the period 4 November 1957 through 2 July 1959. It also shows in Item 21 (Awards and Decorations) that the applicant earned the following awards during his active duty
tenure: American Campaign Medal; World War II Victory Medal; Asiatic Pacific Campaign Medal; Philippine Independence Ribbon; 2 Overseas Service Bars; Army Good Conduct Medal; Army of Occupation Medal with Germany Clasp; Armed Forces Reserve Medal; National Defense Service Medal; and Armed Forces Reserve Medal with 10-year Device.
8. On 31 October 1962, the applicant was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (Retired) in the rank of major after completing a total of 20 years,
2 months, and 7 days. The DD Form 214 the applicant was issued at the time of his REFRAD shows in Item 26 that he earned the following awards during his active duty tenure: Army Good Conduct Medal; American Campaign Medal, Asiatic-Pacific Campaign Medal; Word War II Victory Medal, Army of Occupation Medal with Germany Clasp; National Defense Service Medal; and Armed Forces Reserve Medal with 10-year Device.
DISCUSSION AND CONCLUSIONS:
The applicant's contention of entitlement to the ARCOM was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period 28 November 1961 through 31 October 1962, as evidenced by Headquarters, USATC, Infantry, General Orders Number 577, dated 5 December 1962. Therefore, it would be appropriate to add this award to his DD Form 214 at this time.
BOARD VOTE:
___x____ ___x____ ___x ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080000429, dated 15 May 2008. As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by adding the ARCOM to Item 26 of his DD Form 214 and by providing him a correction to his separation document that includes this change.
_______ _ 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) AR20080015867
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