IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016267
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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect:
* he left Vietnam on 7 April 1971
* he received the ARCOM in 1972, but it is not shown on his DD Form 214
3. The applicant provides:
* award certificate for the ARCOM
* 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 was inducted into the Army of the United States on 9 May 1969. He served as a gunner in Vietnam from 15 May 1970 to 6 April 1971. He was honorably released from active duty on 7 April 1971.
3. His DD Form 214 does not show the ARCOM as an authorized award.
4. There are no orders for the ARCOM in the available records.
5. 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.
6. He provides an award certificate, dated 13 April 1971, which shows he received the ARCOM for meritorious service during the period June 1970 to May 1971 in Vietnam.
7. 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:
There are no orders for the ARCOM in the available records. In the absence of corroborating evidence showing the applicant was awarded this medal by proper authority, the award certificate provided by the applicant is not sufficient as a basis for adding the ARCOM to his DD Form 214.
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) AR20130016267
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016267
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