Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100007962
Original file (20100007962.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007962 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM).

2.  He states, in effect, he believes the ARCOM documentation was lost before being officially recorded in his DA Form 201 (Military Personnel Records Jacket (MPRJ)).  He also states he earned this award while stationed at Fort Riley, KS and assigned to Company A, 1st Engineer Battalion during the period of April to August 1978.  He continues that he was reassigned to Schofield Barracks, HI and believes the ARCOM was approved, but the orders and his receipt of the award were never posted in his MPRJ.  He requests the Army find his award and concludes any award given to a service member should always be entered into the member's service record.

3.  He provides no evidence in support of this request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His record shows he was inducted into the Army of the U.S. on 23 June 1972 and was honorably discharged on 22 April 1974 for the purpose of immediate enlistment in the Regular Army.  He continued to serve on active duty until he was honorably discharged on 24 January 1982.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following pertinent information:

* Item 9 (Awards, Decorations, and Campaigns) does not show award of the ARCOM
* Item 35 (Current and Previous Assignments) shows he was assigned to Company A, 1st Engineer Battalion from 8 April 1976 to 27 June 1978

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) on the DD Form 214 he was issued at the time of his discharge on 24 January 1982 does not show award of the ARCOM.

5.  His record is void of any evidence and he has not provided any evidence showing he was either recommended for or awarded the ARCOM at any point in time.

6.  Army Regulation 600-8-22 (Military Awards) states 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, 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.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the ARCOM was carefully considered and determined to lack merit.

2.  His record is void of any evidence and he has not provided any evidence showing he was either recommended for or awarded the ARCOM at any point in time.  In the absence of evidence to the contrary, there is no basis for granting the requested relief.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20100007962





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007962



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001082

    Original file (20120001082.txt) Auto-classification: Approved

    His DA Form 2 (Personnel Qualification Record), dated 15 January 1979, also lists his rank title as SP5 in item 9 (Grade). As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active service from 22 August 1975 through 21 August 1978, and add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for...

  • ARMY | BCMR | CY2007 | 20070002793C071029

    Original file (20070002793C071029.doc) Auto-classification: Denied

    The PH is not included among the list of awards shown in Item 9 (Awards, Decorations, and Campaigns) of this record and the applicant last reviewed this record on 24 January 1977. The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate he was ever recommended for, or awarded the PH by proper authority while serving on active duty. However, absent any evidence of record confirming the injury was sustained as a result of enemy action, or...

  • ARMY | BCMR | CY2010 | 20100026012

    Original file (20100026012.txt) Auto-classification: Approved

    He states that although he was awarded both the ARCOM and the AGCM, they do not appear on his DD Form 214. There is no evidence in the applicant's service personnel records which show he was awarded or recommended for award of the Army Good Conduct Medal. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.

  • ARMY | BCMR | CY2012 | 20120003233

    Original file (20120003233.txt) Auto-classification: Approved

    The applicant requests his record be corrected to show award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. The MPRJ is void of any documents or orders indicating he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...

  • ARMY | BCMR | CY2011 | 20110014837

    Original file (20110014837.txt) Auto-classification: Denied

    The applicant requests his record be corrected to show award of the Bronze Star Medal (BSM) with “V” (Valor) Device. One time reconsideration by the award approval authority will be conclusive. While there is insufficient documentation and evidence for the Board to reverse the original downgrade decision made by the award approval authority, this in no way affects the applicant’s right to pursue his claim for award of the BSM with “V” Device with an award recommendation and supporting...

  • ARMY | BCMR | CY2008 | 20080018373

    Original file (20080018373.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record contains no orders or other documents that show the applicant was ever recommended for or awarded the ARCOM by proper authority while he served on active duty, and although he provides a news article that indicates he was awarded the ARCOM, he fails to provide...

  • ARMY | BCMR | CY2004 | 20040011575C070208

    Original file (20040011575C070208.doc) Auto-classification: Approved

    The applicant also claims his unit was awarded the RVNGC with Palm Unit Citation, and that he is entitled to the AGCM. However, there are no orders, flight records, or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him Army Good Conduct Medal; by showing his entitlement to the Air Medal with Numeral...

  • ARMY | BCMR | CY2011 | 20110017283

    Original file (20110017283.txt) Auto-classification: Approved

    The applicant’s Military Personnel Records Jacket (MPRJ) contains both of the ARCOM award orders listed in item 41 of the DA Form 20. It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2004 | 20040004585C070208

    Original file (20040004585C070208.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2005 DOCKET NUMBER: AR20040004585 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The evidence of record includes copies of GOs awarding the applicant the PH 1st Oak Leaf Cluster and ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070002238C071029

    Original file (20070002238C071029.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2007 DOCKET NUMBER: AR20070002238 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Item 24 of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure: National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; ARCOM with "V"...