IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003503
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 he was awarded the Army Commendation Medal (ARCOM).
2. The applicant states the ARCOM is not shown on his DD Form 214.
3. The applicant provides copies of an ARCOM Citation and his DD Form 214.
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 was inducted into the Army on 24 February 1969. He completed training as a cargo handler. He arrived in Vietnam on 22 January 1971 and he was assigned to 264th Transportation Company.
3. The applicant departed Vietnam en-route to the United States (U.S.) on 9 October 1971. He was honorably released from active duty as an overseas returnee that date and he was assigned to the U.S. Army Reserve Control Group (Annual Training).
4. The applicant's DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
5. Review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain orders awarding him the ARCOM.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the ARCOM.
7. The applicant provides a copy of a citation showing he was awarded the ARCOM for exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period February 1971 to August 1971.
8. 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's contentions have been noted. His supporting evidence has been considered.
2. Although he submits a copy of a citation showing he was awarded the ARCOM, a review of the applicant's AMHRR does not contain orders awarding
him the ARCOM. A search in ADCARS failed to reveal any orders awarding him the ARCOM.
3. In accordance with the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the ARCOM. Absent the orders, this award should not be added on his DD Form 214.
4. In view of the foregoing, 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 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) AR20130003503
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ABCMR Record of Proceedings (cont) AR20130003503
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