IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130009459
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 a sixth award of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 February 2013.
2. The applicant states the sixth ARCOM was presented after his DD Form 214 for the period ending 26 February 2013 was produced.
3. The applicant provides a DA Form 638 (Recommendation for Award), dated 14 January 2013.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army (RA) and inactive service in the Army National Guard, the applicant again enlisted in the RA on 5 February 2009. He served as a cavalry scout and cannon crewmember.
2. His records contain:
a. ARCOM orders, dated 12 August 2005, for meritorious service for the period 10 December 2004 to 2 November 2005.
b. ARCOM orders, dated 10 May 2011, for meritorious service for the period 27 July 2010 to 26 July 2011.
c. ARCOM orders, dated 7 June 2011, for superior service for the period
30 March 2009 to 29 November 2011.
d. ARCOM orders, dated 13 September 2012, for exceptional achievement on 10 August 2012.
3. Section VII (Awards and Decorations) of his Enlisted Record Brief, dated
4 January 2013, shows five awards of the ARCOM.
4. He provided a DA Form 638, dated 14 January 2013, that recommended him for award of the ARCOM for meritorious service for the period 5 February 2009 to 26 January 2013. Item 8 (Previous Awards) of this form shows the entry "ARCOM-5" (five awards).
5. On 26 February 2013, he was retired by reason of permanent disability.
6. His DD Form 214 for the period ending 26 February 2013 shows, among other awards, five awards of the ARCOM.
7. The available records do not contain orders for a sixth award of the ARCOM.
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 contends a sixth ARCOM is missing from his DD Form 214 for the period ending 26 February 2013 and he provides a DA Form 638 which shows he had five previous awards of the ARCOM prior to the recommendation for the ARCOM for the period 5 February 2009 to 26 January 2013.
2. However, his records only contain orders for five awards of the ARCOM. In the absence of orders for a sixth award of the ARCOM, the entry on his DA Form 638 is not sufficient as a basis for adding a sixth award of the ARCOM to his DD Form 214 for the period ending 26 February 2013.
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) AR20130009459
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