IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003490
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 the Army Commendation Medal (ARCOM) be added to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 does not reflect the ARCOM. He claims to have orders authorizing him this award.
3. The applicant provides an ARCOM certificate in support of his application.
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 entered active duty in the Regular Army on
9 August 1990, and was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 22 December 1990 through 10 May 1991. Item 9 (Awards and Decorations) does not include the ARCOM in the list of earned awards entered. His Military Personnel Records Jacket (MPRJ) is void of any ARCOM award orders or other documents showing he was ever recommended for or awarded the ARCOM.
4. On 3 June 1992, the applicant was discharged under honorable conditions with a general discharge, in the rank of private/E-1. The DD Form 214 he was issued at the time shows he was discharged by reason of unsatisfactory performance after completing 1 year, 9 months and 25 days of active military service. It also shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
5. The applicant provides an ARCOM certificate, dated 30 May 1991 which indicates he was awarded the ARCOM for meritorious service during the period from 9 November 1990 through 4 March 1991. The certificate does not list an ARCOM award order.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 3-13 contains guidance on the ARCOM. It states it 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 applicants request that the ARCOM be added to his record and DD Form 214 has been carefully considered. However, by regulation all personal decorations must be authorized and announced in orders.
2. The evidence of record is void of any orders awarding the applicant the ARCOM, and he has failed to provide official orders announcing this award. Further, his OMPF is void of any documents showing he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty. Therefore, absent any evidence of record to corroborate the information contained on the certificate provided by the applicant, there is an insufficient evidentiary basis to support granting the requested relief.
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 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) AR20110003490
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