IN THE CASE OF:	  

		BOARD DATE:	  5 March 2014

		DOCKET NUMBER:  AR20130011986 


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 (Certificate of Release or Discharge from Active Duty) to show Army Commendation Medal (ARCOM).

2.  The applicant states item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 should be corrected to show the ARCOM awarded him on 3 May 1967.

3.  The applicant provides an indexed list of six documents included with his application.

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 appointed a Reserve commissioned officer in the rank of second lieutenant (2LT/O-1) in the artillery branch on 30 July 1965.  He was ordered to active duty as a member of the United States Army Reserve (USAR) on 23 October 1965, for 2 years.

3.  His DA Form 66 (Officer Qualification Record) shows he earned the National Defense Service Medal and Parachutist Badge.  It also shows he served in Korea from 28 February 1966 to 8 April 1967, while assigned for duty with 1st Battalion, 15th Artillery, 2nd Infantry Division, in the following duty positions:

* Forward Observer
* Assistant Communications Officer
* Ammunitions Officer
* S-4

4.  On 18 April 1967, he was reassigned for duty with the Committee Group, United States Army Training Center, Fort Dix, New Jersey.  His military record does not contain any document or orders to show he was ever recommended for or awarded the ARCOM.

5.  On 22 October 1967, the applicant was honorably released from active duty and transferred to the USAR after completing 2 years of creditable active duty.  Item 24 of the DD Form 214 issued shows he earned the NDSM.  It does not list the ARCOM.

6.  The applicant provides:

   a.  an ARCOM certificate and citation which shows he received this award for his service in Korea for meritorious service during the period 2 March 1966 to 24 March 1967, while serving in successive positions of Forward Observer, Assistant Battalion Communications Officer, Battalion Ammunition Officer, and Battalion S-4; to November 1972;
   
   b.  a photograph depicting a colonel (COL) awarding him the ARCOM; and
   
   c.  a picture of an index card attached to the backside of a frame containing the inscription that shows on 25 May 1967, COL G.F.M., Commander, Committee Group, Fort Dix, New Jersey, presented the applicant the ARCOM at the Committee Group Headquarters.


7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the KDSM.  It states that it is authorized to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
   
   b.  Paragraph 3-18 states the Army Commendation Medal 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 his record should be corrected to show he earned the ARCOM.  There is sufficient evidence to support this claim.

2.  Although the evidence of record does not contain the official order which announced the applicant's ARCOM, the facts which formed the basis for this award reflected in his Korean service, unit assignment, and duty performance in four different duty positions are corroborated by the evidence of record.  In addition, the information contained on the citation, photograph, and index card that shows his follow-on stateside unit assignment where he ultimately was awarded the ARCOM in May 1967, is corroborated by information contained on his DA Form 66.  Therefore, the applicant's claim he was previously awarded the ARCOM, in May 1967, is substantiated by the evidence of record.  Accordingly, his record should be corrected at this time to show this award.

3.  Further, based on the applicant's service in Korea from 28 February 1966 to 8 April 1967, he is also entitled to the KDSM.  In addition, his DA Form 66 confirms he earned the Parachutist Badge which is not currently listed on his DD Form 214.  As a result, these awards should be added to his DD Form 214.


BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Army Commendation Medal, Korean Defense Service Medal, and Parachutist Badge to his DD Form 214; and

   b.  issuing him a corrected document to reflect these awards.




      _______ _   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)                                         AR20130011986



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ABCMR Record of Proceedings (cont)                                         AR20130011986



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