IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024026
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, reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant/pay grade E-5. As a new issue, he requests the addition of his two awards of the Army Commendation Medal (ARCOM) to his DD Form 214.
2. The applicant states these awards are not shown on his DD Form 214. He also contends that the citation and certificate for one of his ARCOM's shows his rank as sergeant.
3. The applicant provides copies of citations and certificates for two awards of the ARCOM.
CONSIDERATION OF EVIDENCE:
1. In the original Record of Proceedings, Docket Number AC82-09771 dated 16 March 1983, the Board considered the same evidence as now provided by the applicant and determined the evidence was insufficient to show he had been recommended for or promoted to the pay grade of E-5, even though some documents referred to him as a sergeant. Furthermore, his military pay records indicated he had never been paid at a rate higher than E-4. Accordingly, the
Board denied his request. In view of the Board's previous decision more than 27 years ago, this issue will not be further discussed in this Record of Proceedings.
2. 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.
3. On 27 May 1969, the applicant was inducted in to the Army of the United States. He completed his initial training and was awarded military occupational specialty 76Y (Armorer/Unit Supply Specialist).
4. On 30 April 1970, the applicant departed Fort Riley, Kansas, for duty in the Republic of Vietnam (RVN).
a. On 10 June 1970, he was assigned for duty as a supply specialist with Headquarters and Headquarters Company, 26th General Support Group (GSG).
b. On 18 April 1971, he departed the 26th GSG en route to the United States.
5. The applicant provided two certificates with citations showing he was awarded an ARCOM for the following designated periods of service or achievement while serving in the RVN:
a. for meritorious service during the period June 1970 to May 1971, dated 1 May 1971, and
b. for meritorious achievement during the period January to April 1971, dated 6 May 1971.
6. On 21 April 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He attained the rank
of specialist four/pay grade E-4 and completed 1 year, 10 months, and 25 days of creditable active duty service.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the ARCOM. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.
10. Army Regulation 600-8-22 (Military Awards) 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. The applicant contends that his DD Form 214 should be corrected to show two awards of the ARCOM.
2. There are no available general orders showing the applicant was awarded the ARCOM. The certificates and citations provided by the applicant are not sufficient evidence by themselves upon which to base a correction of his records. Should he have or be able to obtain copies of the orders awarding him the ARCOM's or be able to provide other evidence to corroborate these awards, he may submit another application for consideration.
3. In view of the above, the applicant's request should be denied.
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 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) AR20100024026
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