IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012994
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 military record to show award of the Army Commendation Medal (ARCOM).
2. The applicant states upon return from Korea his first sergeant at Fort Huachuca told him that he had been recommended for the ARCOM for his service in Korea. He worked extra hours repairing electronic equipment under his control, regardless of the echelon of maintenance. Additionally, he served as a courier meeting aircraft and picking up secret messages by ground transportation to designated delivery points throughout Korea. All messages were delivered on or ahead of time. He feels he earned the ARCOM for his dedication and performance beyond that which was required of him. He states that he trusts and prays that the recommendation for the ARCOM is part of his military record and did not get lost along the way.
3. The applicant provides a personal statement.
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. On 14 August 1964, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 31L (Field Radio Relay Equipment Repairman). The highest rank he held was specialist five (SP5)/pay grade E-5.
3. A DA Form 20 (Enlisted Qualification Record) contained in his record shows he was credited with service in Korea from 11 May 1965 through 6 June 1966.
4. On 11 August 1967, he was honorably released from active duty. He completed 2 years, 11 months, and 28 days of creditable active service. His DD Form 214 does not show the ARCOM.
5. 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.
6. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award.
7. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was told he was recommended for the ARCOM for his service in Korea in 1965 to 1966. The sincerity of his claim is not questioned. Unfortunately, there is no evidence indicating he was recommended for or awarded the ARCOM.
2. Absent orders awarding him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM.
3. While there is no available evidence to support awarding the applicant the ARCOM, this in no way affects his right to pursue his claim for award of the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
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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