BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019233
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 the list of earned awards on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the ARCOM was presented to him upon retirement but it was not include on his DD Form 214.
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 the applicant was honorably released from active duty (REFRAD) for retirement on 31 March 1980.
3. The applicants DA Form 2-1 (Personnel Qualification Record) does not include the ARCOM in the list of earned awards entered in item 9 (Awards, Decorations and Campaigns). Item 9 does list the "MSM" (Meritorious Service Medal) which is the last award entered.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of documents related to the processing of either the ARCOM or MSM, and of orders awarding either the MSM or ARCOM.
5. The DD Form 214 issued to the applicant upon his REFRAD for retirement on 31 March 1980 does not include the ARCOM in the list of earned awards entered. It does list the MSM as an earned award.
6. The applicant provides an ARCOM certificate that shows he was awarded the ARCOM for the period 1 November 1978 through 31 March 1980.
7. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. It states, in pertinent part, that all awards must be approved by the proper authority and authorized and announced in official orders. It also provides for issuing interim awards while waiting for final action on a higher recommended award and for revoking the interim award upon approval of the higher level award.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the ARCOM to his DD Form 214 has been carefully considered. However, absent documents related to the processing and approval of either the ARCOM or MSM, or orders authorizing and announcing these awards, there is insufficient evidence to support this claim.
2. Absent orders or supporting evidence, it appears the applicant may have been awarded the ARCOM as an interim award pending approval of the MSM which appears to have been finally approved. There is no way to know this for sure given no orders or documents relating to the processing of either award is contained in the available record, or provided by the applicant. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
3. The applicant is advised that if he can provide documentary evidence and orders confirming the ARCOM was not an interim award and/or that the MSM was not his retirement award, he may resubmit his application with this evidence and request reconsideration.
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) AR20110019233
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