IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090014895
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 reflect his award of the Army Commendation Medal (ARCOM).
2. The applicant states that he received the award of the ARCOM during the Gulf War from the 410th Evacuation Hospital and it was not entered on his DD Form 214.
3. The applicant provides an unauthenticated (unsigned) copy of an ARCOM Certificate.
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 was serving in the U.S. Army Reserve (USAR) in pay grade E-4 when he was ordered to active duty in support of Operation Desert Shield/Storm on 21 November 1990.
3. He deployed to Southwest Asia (SWA) on 27 January 1991 and served with the 410th Evacuation Hospital. He departed SWA on 9 May 1991 and was transferred to Fort Riley, KS where he was honorably released from active duty (REFRAD) on 4 June 1991 and returned to his USAR unit. He had served 6 months and 14 days of active duty and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Service Ribbon and the National Defense Service Medal.
4. A DD Form 215 (Correction to DD Form 214) issued on 2 October 1992 shows that he was awarded the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal.
5. A review of his official records failed to reveal a copy of orders awarding the applicant the ARCOM.
6. The ARCOM certificate provided by the applicant is unauthenticated by the hospital commander and indicates that the ARCOM was awarded for meritorious service during the period 1 February to 22 March 1991.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal 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. While the sincerity of the applicants claim that he was awarded the ARCOM for his service in SWA is not in doubt, he has failed to show through the evidence submitted and the evidence of record sufficient evidence to warrant the entry of that award into his records.
2. The certificate provided by the applicant is not signed by the awarding commander and there is no evidence of any orders announcing that award, which is a prerequisite for establishing/announcing an official award.
3. Therefore, in the absence of orders announcing the award of the ARCOM, there appears to be no basis to add that award to his records.
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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20090014895
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ABCMR Record of Proceedings (cont) AR20090014895
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