IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001596
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).
2. The applicant states the ARCOM was never included on his DD Form 214.
3. The applicant provides a carbon copy of what appears to have been a recommendation for the ARCOM with "V" Device.
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. On 25 October 1966, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He was subsequently placed into training for MOS 11B (Light Weapons Infantryman).
3. On 22 December 1967, the applicant departed Fort Hood, Texas, for duty in the Republic of Vietnam (RVN).
a. On 7 February 1968, he was assigned for duty as an infantryman with Company A, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.
b. On 12 October 1968, he departed the RVN.
4. On 17 October 1968, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 1 year,
11 months, and 23 days of creditable active duty.
5. The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the ARCOM with "V" Device. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
7. The applicant has provided a single-page document titled "Army Commendation Medal for Valor." This document states that on 14 June 1968 (date is difficult to read) (Soldier's name) who was a mechanic in Company A, 2nd Battalion, 47th Infantry Regiment, was instrumental in helping to save the lives of several men within the second platoon. He had left a defensive position and went to the aid of the second platoon when they made contact with a large enemy force. There is no indication of the Soldier's service number or social security number. This author of this document is not identified. There is no indication that the proposed recommendation was ever submitted or processed.
8. 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. A "V" device denotes the award was for valor.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of the ARCOM with "V" Device.
2. There are no general orders that show the applicant was awarded the ARCOM. The document provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. There is no available evidence of record that sufficiently substantiates the applicant's contention that he was awarded the ARCOM with "V" Device. The document provided by the applicant does not clearly identify the subject Soldier's service or social security number, nor does it indicate who completed the form. There is no evidence showing that such recommendation was ever submitted or processed by the proper award authority.
3. In view of the above, the applicant's request should be denied.
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) AR20120001596
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ABCMR Record of Proceedings (cont) AR20120001596
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