IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130006507
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 medal in 1971 while at Fort Hood, TX after his service in Vietnam. He contends that his parents received a letter from the Army Hometown News Center and from the local radio station stating he received the ARCOM while in Vietnam.
3. The applicant provides a copy of a letter from the Army Hometown News Center, Kansas City, MO, dated 27 August 1970.
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 9 June 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 4 November 1969 through 28 October 1970. His DA Form 20 does not show award of the ARCOM.
4. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the ARCOM.
5. He was honorably released from active duty on 8 June 1971. His DD Form 214 does not list award of the ARCOM.
6. A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the ARCOM pertaining to the applicant.
7. He provides a copy of a letter from the Army Hometown News Center which indicates he was awarded the ARCOM while serving with the Americal Division near Chu Lai, Vietnam.
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 contention that his DD Form 214 should be corrected to show award of the ARCOM has been carefully considered.
2. There are no orders or other evidence in his military records or in the ADCARS data base that show he was awarded the ARCOM.
3. In the absence of orders showing he was awarded the ARCOM, the letter from the Army Hometown News Center he provided is insufficient evidence in and of itself on which to base correcting his DD Form 214 to show this award.
4. In view of the foregoing, there is an insufficient basis to grant the 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) AR20130006507
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