IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009023
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 believes his record is in error due to an administrative mistake.
3. The applicant provides no additional documents.
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 of the United States on 12 August 1968.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division performing duties as a supply specialist.
4. Section 41 (Awards and Decorations) of his DA Form 20 does not show award of the ARCOM.
5. On 26 March 1970, the applicant was honorably released from active duty. His DD Form 214 shows he served in Vietnam from 3 April 1969 through 25 March 1970. He had completed 1 year, 7 months, and 15 days of active military service. The DD Form 214 he was issued does not show he was awarded the ARCOM.
6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the ARCOM pertaining to the applicant.
7. 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:
There is no evidence of record nor did he submit any evidence showing he was awarded the ARCOM. Therefore, he is not entitled to have his DD Form 214 corrected to show this award.
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.
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