IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014219
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:
* his social security number (SSN) as "XXX-XX-X84X
* award of the Army Commendation Medal (ARCOM)
2. The applicant states:
* his SSN is incorrect on his DD Form 214 and should be "XXX-XX-X84X" not "XXX-XX-X48X"
* the ARCOM is not listed on his DD Form 214
3. The applicant provides:
* social security card
* award certificate for the ARCOM
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
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's DD Form 398 (Statement of Personal History), dated
2 November 1968, shows his SSN as "XXX-XX-X84X."
3. He enlisted in the Regular Army on 4 December 1968 for a period of 3 years. He served as an armor crewman in Vietnam from 3 January 1970 to
2 September 1970. He was honorably released from active duty on
20 November 1970.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-X48X."
5. His DD Form 214 or DD Form 215 do not show the ARCOM as an authorized award.
6. There are no orders for the ARCOM in the available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the ARCOM.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal any orders for the ARCOM pertaining to the applicant.
9. He provides an award certificate, dated 13 August 1970, which shows he received the ARCOM for meritorious achievement during the period 3 January 1970 to 2 June 1970 in Vietnam.
10. He also provides a copy of his social security card which shows his SSN as
"XXX-XX-X84X."
11. Army Regulation 600-8-22 (Military Awards) 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's DD Form 398 shows he recorded his SSN as "XXX-XX-X84X" in November 1968 in connection with his enlistment. Therefore, it would be appropriate to correct his DD Form 214 to show this SSN.
2. There are no orders for the ARCOM in the available records. In the absence of orders, the award certificate for the ARCOM provided by the applicant alone is not sufficient as a basis for adding this award to his DD Form 214. Regrettably, there is an insufficient evidentiary basis for granting the applicant's request to add the ARCOM to his DD Form 214.
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 deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his DD Form 398.
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 adding the ARCOM to his
DD Form 214.
_______ _ 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) AR20130014219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130014219
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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