IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20100029642
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 award of the Army Commendation Medal (ARCOM).
2. He states he should have been awarded the ARCOM. He adds that he did the job and is deserving of the award.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a 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. The applicants record shows he was inducted into the Army of the United States on 25 July 1967. He served 2 years and was honorably released from active duty on 24 July 1969.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the ARCOM.
4. He provided a copy of his certificate of achievement that recognized his exceptionally meritorious service as a supply sergeant and armorer for the 295th Military Police Company from December 1967 to July 1969.
5. There are no orders in his military personnel record that shows he was awarded the ARCOM. Additionally, the ARCOM is not listed on his DA Form 20 (Enlisted Qualification Record).
6. Army Regulation 600-8-22 (Military Awards) provides that 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, 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.
7. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. It allows that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
8. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
While the available evidence is insufficient for award of the ARCOM, this in no way affects his right to pursue his claim for the this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
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) AR20100029642
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029642
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017696
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military record to show award of the Army Commendation Medal (ARCOM). _______ _ _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.
ARMY | BCMR | CY2012 | 20120005274
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the: * Army Commendation Medal (ARCOM) * Meritorious Unit Commendation * Tet Campaign Commemorative Medal 2. Therefore, his records should be corrected to show these unit awards.
ARMY | BCMR | CY2013 | 20130020898
He provides: * Self-authored statement * USARV Form 157 (Recommendation for Decoration for Valor or Merit) * Request for Award of the AGCM, dated 21 February 1967 * DA Form 137 (Installation Clearance Record) * DA Form 2496-1 (Disposition Form), dated 7 February 1967 CONSIDERATION OF EVIDENCE: 1. USARV Form 157 shows he was recommended for the ARCOM as a service award for the period May 1965 to May 1966. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130012994
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military record to show award of the Army Commendation Medal (ARCOM). While there is no available evidence to support awarding the applicant the ARCOM, this in no way affects his right to pursue his claim for award of the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
ARMY | BCMR | CY2009 | 20090008603
IN THE CASE OF: BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090008603 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). His record does contain Headquarters, Americal Division, General Orders Number 6922, dated 23 July 1969, which awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service in the RVN from January through July 1969.
ARMY | BCMR | CY2012 | 20120010503
The applicant requests correction of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) for the period ending 23 February 1965 to show award of the: * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) * Army Commendation Medal (ARCOM) 2. Attached to this citation is an undated/unsigned statement wherein the author, presumably the applicant, states he was recommended for award of the ARCOM by his commanding officer but the...
ARMY | BCMR | CY2008 | 20080012900
On 7 November 2007, the Military Awards Branch, HRC-Alexandria, advised the applicant's Congressman that without the required documentation, it was unable to determine whether the recommendation was submitted into military channels within the 2-year time requirement and it could not be processed as a lost award. Although the applicant was able to provide a copy of page 1 of his DA Form 638 and proposed citation, page 2 which shows the chain of command endorsements are missing. As noted by...
ARMY | BCMR | CY2008 | 20080010937
The applicant provided a copy of page (1) of his DA 638, initiated on 8 September 2004, from the Commander of the 1058th AEF TC, recommending the applicant for award of the ARCOM with "V" Device. He was informed that there was insufficient documentation to forward the applicant's recommendation for award to the Army Decorations Board for consideration. As noted by the Military Awards Branch, HRC-Alexandria, without page 2 of the DA Form 638, his request could not be processed as a lost...
ARMY | BCMR | CY2008 | 20080012910
He was informed that there was insufficient documentation to forward the applicant's recommendation for award to the Army Decorations Board for consideration. It advised him that without the required documentation, it was unable to determine whether the recommendation was submitted into military channels within the 2-year time requirement and it could not be processed as a lost award. As noted by the Military Awards Branch, HRC-Alexandria, without page 2 of the DA Form 638, his request...
ARMY | BCMR | CY2014 | 20140001356
Application for correction of military records (with supporting documents provided, if any). However, his service record does not include any recommendations or orders for award of the ARCOM and BSM. While the available evidence is insufficient for awarding the applicant an ARCOM and BSM, this in no way affects his right to pursue his claim for the ARCOM and BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.