IN THE CASE OF:
BOARD DATE: 8 August 2014
DOCKET NUMBER: AR20130013445
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) and the National Defense Service Medal (NDSM).
2. The applicant states he served during a qualifying period for award of the NDSM. He also contends that he was awarded the ARCOM in March 1962.
3. The applicant provides the following:
* DD Form 214
* Orders, AGPA-O 210.31, Headquarters, Department of the Army, dated 11 September 1958
* Letter, U.S. Army Language School, subject: Final Academic Standing, effective 12 December 1958
* Special Orders Number 5, Fort Dix, NJ, dated 5 January 1959
* Letter, The Adjutant General Office, dated 18 February 1959
* Special Orders Number 108, U.S. Army Ammunition Depot, dated 11 July 1961
* Copy of photograph showing award ceremony for applicant
* Letter, Headquarters Department of the Army, dated 1 June 1962
* Letter, 4th Logistical Command, undated
* Honorable Discharge Certificate, dated 30 May 1965
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 2 November 1957, the applicant was ordered to active duty as a 2nd lieutenant, U.S. Army Reserve (USAR). He completed language training in French and was subsequently assigned for duty in France.
3. On 20 February 1961, the applicant was promoted to 1st lieutenant, USAR. On 2 May 1962, he was promoted to captain in the Army of the United States (AUS).
4. On 1 July 1962, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). He had completed
4 years and 8 months of creditable active duty service. His DD Form 214 shows no awards or decorations.
5. Army Regulation 600-8-22 (Military Awards):
a. 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.
b. The NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM and the NDSM.
2. The available evidence shows that the applicant served on active duty during a qualifying period for award of the NDSM. Therefore, this medal should be shown on his DD Form 214.
3. There is no available evidence of record showing that the applicant was awarded the ARCOM. The photograph provided by the applicant showing him receiving this medal is not in question. However, it is insufficient without a copy of the orders that announced the award. Unfortunately, without such orders or other equally compelling documentation, this portion of his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X____ ___X____GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 the National Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he was awarded the Army Commendation Medal.
___________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) AR20130013445
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