IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110012607
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 the ARCOM was awarded after he was discharged; therefore, it is not listed his DD Form 214.
3. The applicant provides copies of his DD Form 214 and an ARCOM Citation and Certificate.
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 enlisted in the Regular Army in Richmond, Virginia on 1 October 1970 for a period of 3 years and training as a strategic microwave systems repairer. He completed basic training at Fort Campbell, Kentucky and advanced individual training at Fort Monmouth, New Jersey before being transferred to Korea on 7 October 1971.
3. On 5 May 1973, he departed Korea and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years, 7 months, and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal.
4. The citation and certificate provided by the applicant shows he was awarded the ARCOM on 23 August 1973 for meritorious service in Korea from 1 October 1971 to 1 May 1973.
5. A review of the applicants official records failed to show orders awarding him the ARCOM or any indication that a recommendation had been submitted.
6. 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. While the sincerity of the applicants claim that he was awarded the ARCOM is not in doubt, the applicable regulations require that orders be published for the award to be authorized for wear and entry into official records.
2. However, the applicant has failed to provide and the records do not contain orders awarding him the ARCOM. Therefore, in the absence of orders awarding him the ARCOM, there appears to be no basis to add this award to his DD Form 214 at this time.
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. 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) AR20110012607
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