IN THE CASE OF:
BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120020816
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 award of the Combat Action Badge (CAB) and Army Commendation Medal (ARCOM).
2. The applicant states he feels he met the criteria for award of the CAB based on his combat service and he was recommended for award of the ARCOM to the best of his knowledge, but he did not receive the ARCOM prior to separation.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 December 2004.
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. The ABCMR operates under the procedures set forth in Army Regulation
15-185 (Army Board for Correction of Military Records) which provide that the ABCMR will not consider any request until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice. Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Therefore, this issue will not be discussed further in this Record of Proceedings.
3. On 1 October 2001, the applicant was discharged from the Army National Guard for immediate enlistment in the Regular Army. On 2 October 2001, he enlisted in the Regular Army in military occupational specialty 63B (Light Wheel Vehicle Mechanic).
4. On 18 December 2004, he was discharged from active duty in the rank/grade of specialist/E-4 by reason of disability with severance pay. He completed 3 years, 2 months, and 17 days of net active service during this period. His DD Form 214 does not show award of the ARCOM.
5. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the ARCOM by proper authority.
6. 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.
7. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award.
8. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record that shows he was recommended for award of the ARCOM. While the available evidence is insufficient for awarding him the ARCOM, this in no way affects his right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120020816
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ABCMR Record of Proceedings (cont) AR20120020816
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