BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008920
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM).
2. The applicant states that the ARCOM was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of an ARCOM Award Certificate, dated 6 January 1969, in support of this 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 applicant's record shows he enlisted in the Regular Army (RA) on
31 January 1966.
3. The applicant submitted a copy of a Department of the Army ARCOM certificate, dated 6 January 1969, that shows award of the ARCOM for meritorious service at Fort Sill, OK from October 1967 to January 1969.
4. The applicant's record contains a citation, dated 6 January 1969, for the ARCOM for outstanding service at Fort Sill, OK for the same period of service as shown on the ARCOM certificate.
5. On 30 January 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years of duty active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the ARCOM.
6. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty or assignment, and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The applicant submitted an ARCOM certificate in support of his request for correction of records to show award of the ARCOM. The applicant's official record contains a citation supporting award the ARCOM for the same period of service as the ARCOM certificate. Although the applicant's records do not contain an order for award of the ARCOM, the evidence presented by the applicant and the evidence of record is accepted as sufficient evidence to add the ARCOM to his DD Form 214. Therefore, as a matter of equity the applicant's record should be corrected to show award of the ARCOM.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Army Commendation Medal.
___________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) AR20090008920
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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