IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017768
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 DD Form 214 (Report of Separation from Active Duty) and that the Social Security Number (SSN) listed on the ARCOM certificate and citation be corrected.
2. The applicant states the ARCOM is not listed on his DD Form 214 and that the SSN listed on the ARCOM certificate and citation in his possession is incorrect.
3. The applicant provides an ARCOM certificate and citation and his DD Form 214 in support of the 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 enlisted in the Regular Army on
22 December 1972, and was trained in and awarded military occupational specialty (MOS) 95B (Military Police).
3. The applicants DA Form 2-1 (Personnel Qualification Record) which was prepared on 8 October 1974 and last audited by the applicant on 23 September 1975, does not list the ARCOM in the list of earned awards in item 9 (Awards, Decorations and Campaigns).
4. The applicants Military Personnel Records Jacket (MPRJ) is void of orders or other documents showing he was ever recommended for or awarded the ARCOM.
5. On 8 December 1975, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four/E-4, after completing 2 years,
11 months and 17 days of active duty service. The ARCOM is not included in the list of awards contained on the DD Form 214 he was issued upon his REFRAD.
6. The applicant provides an ARCOM certificate, dated 16 December 1975, and the accompanying citation. These documents indicate the applicant was awarded the ARCOM for meritorious service during the period May 1973 to December 1975. The first three numbers of the SSN listed on these documents does not match the first three numbers of the SSN contained in the applicants military service records. The applicant did not include ARCOM orders in the documents he provided.
7. Army Regulation 800-8-22 (Military Awards) contains the Armys awards policy. The regulation requires that all individual awards be approved by the proper authority and authorized and announced in official orders.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stipulated that the DA Form 2-1 and orders and documents in the MPRJ were the source records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the ARCOM to his DD Form 214 and to correct the SSN listed on the ARCOM certificate and citation has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, all individual awards must be approved by the proper authority and authorized and announced in official orders; and the source records for entries on the DD Form 214 at the time of the applicants separation were the
DA Form 2-1; orders and documents in the MPRJ.
3. Item 9 of the applicants DA Form 2-1 does not include the ARCOM in the list of earned awards entered and there are no orders or other documents on file in his MPRJ that indicate he was ever recommended for or awarded the ARCOM. Further, the applicant failed to provide ARCOM orders with the documents he submitted to the Board.
4. Absent any evidence of record corroborating award of the ARCOM to the applicant as indicated in the certificate and citation he provided, there is an insufficient evidentiary basis to support granting the requested relief.
5. The applicant is advised that he may resubmit his application if he can provide the orders authorizing and announcing award of the ARCOM in question.
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) AR20110017768
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ABCMR Record of Proceedings (cont) AR20110017768
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