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 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. 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
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ABCMR Record of Proceedings (cont) AR20100007962
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