IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120006065 


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, the son of a deceased former service member (FSM), requests award of Army Commendation Medal (ARCOM) for non-combat related heroic achievement to his late father and its addition to his father's WD AGO Form     53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states:

   a.  At the time of the incident (August 1937), General Nxxxxx issued a Certificate of Merit/Special Commendation as the act did not warrant a Soldier's Medal.  The ARCOM, created in 1945, has been awarded for such actions per Army Regulation 600-8-22 (Military Awards), section 3-17(d).  He wants this award to honor the action of his late father, an American citizen Soldier who never forgot duty, honor, and country.
   
   b.  Working through the National Personnel Records Center (NPRC) in St. Louis, MO, he was advised the April 1973 fire at that facility destroyed some of his father's records.  The U.S. Army Human Resources Command, Fort Knox, KY, advised him that the ARCOM was not available for heroic achievement prior to 1941 and to appeal to the Army Board for Correction of Military Records (ABCMR).  

3.  The applicant provides:

* FSM's 1937 and 1938 Citizen's Military Training Camp certificates
* FSM's 1937 Special Commendation for Merit certificate
* FSM's Civilian Conservation Corps Honorable Discharge Certificate
* FSM's Record of Service in Civilian Conservation Corps
* FSM's Army of the United States (AUS) Honorable Discharge Certificate
* FSM's U.S. Marine Corps (USMC) Honorable Discharge Certificate
* his birth certificate and FSM’s death certificate
* letter from the NPRC

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 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.  The FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant provides copies of three Military Training Certificates which the FSM received for:

* attending the Red Course of Instruction, Infantry Arm, from 2 to 31 July 1937
* attending the Basic Course of Instruction, Arm, from 3 August to 1 September 1937
* appointment to corporal during the period of the Citizen's Military Training Camp on 15 July 1938

4.  The applicant also provides a copy of a Special Commendation for Merit certificate, issued to the FSM on 30 August 1937, commending him for excellent performance of duty.  The certificate is signed by Brigadier General Nxxxxx.


5.  The applicant also provides a copy of the FSM's Civilian Conservation Corps Honorable Discharge Certificate, dated 19 October 1940.  The FSM's Record of Service in the Civilian Conservation Corps shows he was discharged on 12 April 1940.

6.  The FSM’s available military records show he enlisted in the AUS on 16 October 1942 and entered active duty on the same day.  He served in the China-Burma-India Theater of Operations from 5 July 1944 to 26 September 1945.  He was assigned to Headquarters Company, 96th Signal Battalion.  He was honorably discharged from active duty on demobilization in the rank of technician four on 20 November 1945.   

7.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he qualified for and was awarded the Marksman Marksmanship Qualification Badge with Rifle and Carbine bar.  Item 32 (Battles and Campaigns) shows he participated in the China offensive and defensive campaigns.

8.  Item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55 lists:

* World War II Victory Medal
* Good Conduct Medal
* American Theater Service Medal
* Asiatic-Pacific Service Medal with two bronze service stars

9.   Item 55 (Remarks) of the FSM’s WD AGO Form 53-55 lists the Army Lapel Button.

10.  There are no orders or other documentation in the FSM's available military personnel records recommending him for award of or awarding him the ARCOM.

11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 2 September 1975, issued in response to the FSM's 11 July 1975 request for awards, advised the FSM of his entitlement to the same awards already listed on his separation document.

12.  The FSM was honorably discharged from the USMC on 24 October 1951.

12.  Army Regulation 600-8-22 states:

   a.  The ARCOM was established on 18 December 1945.  It 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, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  

	b.  The ARCOM may be awarded to any individual commended after              6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his late father should have been awarded the ARCOM is acknowledged; however, there is no available evidence of record and the applicant did not provide any sufficient evidence to support his claim.  

2.  The ARCOM may be awarded to any individual commended after                    6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

3.  The FSM’s Special Commendation for Merit certificate was issued to him in August 1937.

4.  In addition, the signer of the FSM's Special Commendation for Merit certificate was not in the grade or position of major general or higher in accordance with regulation guidance.  

5.  Regrettably, in view of the foregoing there is no basis for granting the applicant's requested relief.

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)                                         AR20120006065





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ABCMR Record of Proceedings (cont)                                         AR20120006065



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