IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100009894
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 he be awarded and issued the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and Army Service Ribbon.
2. The applicant states he received 3 letters of commendation and a Certificate of Achievement. He also completed BCT (Basic Combat Training). He argues this should qualify him for the above awards.
3. The applicant provides:
* A handwritten 2-page letter
* Three letters of commendation
* One Certificate of Achievement
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. With prior service in the United States Marine Corps from 6 January 1970 to 28 February 1970, the applicant enlisted in the Regular Army for 4 years on 10 May 1977. He was honorably released from active duty on 23 April 1980 for failure to maintain acceptable standards for retention. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal (NDSM) and the Good Conduct Medal (GCMDL). It does not show the ARCOM, AAM, or Army Service Ribbon.
3. There are no orders in the applicant's records showing he was awarded the ARCOM or AAM. His DA Form 2-1 (Personnel Qualification Record Part II) does not list these awards in Block 9 (Awards, Decorations & Campaigns). The Army Service Ribbon is not listed either.
4. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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.
5. Army Regulation 600-8-22 provides, in pertinent part, that the AAM is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
6. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award and issuance of the ARCOM, AAM, and Army Service Ribbon.
2. Award of the ARCOM requires a formal recommendation, approval through the chain of command, and announcement in orders. There are no orders in the applicant's records showing award of the ARCOM. This award is not listed on any forms contained in the applicant's service records.
3. The applicant was separated on 23 April 1980 before the effective dates for the AAM and Army Service Ribbon. These awards did not exist during his service.
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:
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) AR20100009894
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