IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130001918
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 that he be awarded the Army Commendation Medal (ARCOM) and that it be added to his DD Form 214.
2. The applicant states that at the time he received his Letter of Commendation he was told that a medal would follow. He goes on to state that after he finished the leadership course he moved to three different units before returning his unit and forgot about the letter of commendation until a few years ago when his parents died and he came across it.
3. The applicant provides a copy of his Letter of Commendation and DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 17 August 1948 for a period of 3 years. He completed his training as a musician and the "Leaders Course" at Fort Bliss, Texas. On 29 January 1949, he received a Letter of Commendation for being selected as the outstanding student of the class. He was promoted to the rank of corporal on 13 June 1949.
4. He served in Korea for 1 year and 12 days and was promoted to the rank of sergeant on 9 October 1950.
5. On 1 May 1952, he was honorably discharged at Fort Hood, Texas. He had served 3 years, 8 months, and 15 days of active service and he was awarded the Korean Service Medal with five bronze service stars, United Nations Service Medal, National Defense Service Medal, Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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. Army Regulation 672-5-1 (Military Awards) provides in paragraph 8-13 that acts or services that do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the Army Commendation Medal based on his receipt of a Letter of Commendation as the outstanding student in his leadership course has been noted and appears to lack merit.
2. A letter of commendation does not constitute a recommendation for or entitlement to an award of the Army Commendation Medal and the applicant has failed to provide sufficient evidence to show that he was in fact recommended for award of the Army Commendation Medal.
3. Therefore, in the absence of such evidence, there appears to be no basis to grant his request for award of the Army Commendation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130001918
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ABCMR Record of Proceedings (cont) AR20130001918
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