BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120002844
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 he received the ARCOM, but it was not entered on his DD Form 214.
3. The applicant provides:
* DD Form 214
* ARCOM 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 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 25 July 1966, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).
3. On 1 February 1967, the applicant was assigned as a light truck driver with the 70th Engineer Company located at Fort George G. Meade, Maryland.
4. On 16 May 1967, the applicant arrived with his unit in the Republic of Vietnam (RVN). He served in the RVN until on or about 9 May 1968.
5. The ARCOM Certificate, dated 13 May 1968, provided by the applicant shows the Commander, 18th Engineer Brigade, awarded him an ARCOM for his meritorious service from 4 June 1967 to 5 April 1968.
6. On 14 May 1968, the applicant was released from active duty and transferred to the U. S. Army Reserve. He attained the rank of specialist five/pay grade E-5 and completed 1 year, 9 months, and 20 days of creditable active duty service.
7. The applicant's DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and
M-14)
* Driver and Mechanic Badge
8. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant the ARCOM.
9. 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 contends that his DD Form 214 should be corrected to add the ARCOM.
2. There are no available orders on record showing the applicant was awarded the ARCOM. The certificate provided by the applicant is not sufficient evidence by itself upon which to base correction of his DD Form 214.
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 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) AR20120002844
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