BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130017739
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 issuance of a correct Army Commendation Medal (ARCOM) certificate.
2. The applicant states his ARCOM certificate incorrectly lists his social security number (SSN) as XXX-XX-9085 instead of XXX-XX-4669.
3. The applicant provides a copy of his ARCOM certificate.
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 12 May 1971. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 30 September 1971 to 16 August 1972. Item 41 (Awards and Decorations) does not include the ARCOM among its list of awards.
4. The applicant's military record does not include an order or any other documents to show he was ever recommended for or awarded the ARCOM.
5. On 22 May 1973, the applicant was honorably released from active duty in the rank of private first class (PFC/E-3) after completing 2 years of active military service. The DD Form 214 issued to him does not list the ARCOM.
6. The applicant provides an ARCOM certificate awarded for meritorious service in the RVN during the period 15 September 1971 to 15 June 1972. This certificate contains an SSN showing the last four numbers totally different from the SSN he claims to be correct.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for an ARCOM pertaining to the applicant.
8. 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:
1. The applicant contends his ARCOM certificate should be changed to show his correct SSN. There is insufficient evidence to support this claim.
2. The evidence of record does not include an order or any other documents to show he was ever awarded an ARCOM. Absent corroborating evidence to confirm he was awarded the ARCOM, there is no valid basis to grant the requested relief.
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) AR20130017739
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