BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019829
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Army Commendation Medal (ARCOM).
2. He states the ARCOM Certificate was sent to his home address after his discharge. It was issued on 20 January 1973 and his discharge date was 19 January 1973.
3. He provides an ARCOM Certificate and his DD Form 214.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 January 1971, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 95B (Military Policeman). He served in this MOS with Battery C, 3d Battalion, 517th Air Defense Artillery, Union Lake, MI, until his honorable release from active duty on 19 January 1973. He achieved the rank/grade of sergeant/E-5.
3. His record is void of documentation showing he was recommended for or awarded the ARCOM.
4. He provides an ARCOM Certificate, dated 20 January 1973, showing he received the award for his meritorious service during the period 1 September 1971 to 20 January 1973.
5. 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. The applicant provides an ARCOM Certificate that shows he was awarded the ARCOM. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which officially awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show the ARCOM.
2. The applicant is advised that if he has a copy of the orders awarding him the ARCOM or official documentation confirming that such orders were published, he may submit a request for reconsideration. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
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 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) AR20110019829
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ABCMR Record of Proceedings (cont) AR20110019829
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