IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130002938
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 for service in Vietnam after he was released from active duty and returned home.
3. The applicant provides his DD Form 214 and 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 18 April 1968, he was inducted into the Army of the United States. He was awarded military occupational specialties 63B (Light Vehicle Driver) and 64B (Heavy Truck Driver). He was advanced to the rank of specialist five/pay grade E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam during the period 19 April 1969 through 28 March 1970.
4. His DA Form 20 does not list award of the ARCOM.
5. He was honorably released from active duty on 2 April 1970. He completed 1 year, 11 months, and 15 days of creditable active service. His DD Form 214 does not show award of the ARCOM.
6. His records are void of any orders or other documents that indicate he was recommended for or awarded the ARCOM by proper authority.
7. He provides an ARCOM Certificate, dated 14 April 1970, showing he was awarded the ARCOM for meritorious service in the Republic of Vietnam from April 1969 to April 1970.
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 orders for award of the ARCOM pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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 provided a copy of an ARCOM Certificate. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM.
2. The applicant is advised to submit a request for reconsideration if he has a copy of the orders awarding him the ARCOM or official documentation confirming that such orders were published. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
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) AR20130002938
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