IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019279
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 that his award of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he received the ARCOM after he got out of the military and it is not included on his records.
3. The applicant provides a copy of his DD Form 214.
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 inducted in Indianapolis, Indiana on 27 June 1966. He completed his basic training at Fort Benning, Georgia, his advanced individual training as a cannoneer at Fort Sill, Oklahoma and his airborne training at Fort Benning, Georgia and was transferred to Fort Campbell, Kentucky for his first duty assignment.
3. In April 1967 he was transferred to Fort Gordon, Georgia for training as a radio teletype operator. He completed his training and was transferred back to his unit at Fort Campbell. He was advanced to the pay grade of E-4 on 8 September 1967.
4. On 4 December 1967 he was transferred to Vietnam with his unit and he served until 19 June 1967 when he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 20 June 1967 as an overseas returnee. He had served 1 year, 11 months and 24 days of total active service and was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Meritorious Unit Citation, the Vietnam Service Medal, and the Parachutist Badge.
5. A review of his records and a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the award of the ARCOM to the applicant.
6. Army Regulation 600-8-22 states 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, 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the ARCOM is not in doubt, he has not provided a copy of the orders awarding him the ARCOM and his records do not contain such orders to substantiate his claim.
2. Therefore, in the absence of such orders, there is no basis to add the award of the ARCOM to his records at this time.
3. 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 the aforementioned 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 Vietnam War. 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) AR20100019279
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ABCMR Record of Proceedings (cont) AR20100019279
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