IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140001895
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 he was awarded the Army Commendation Medal (ARCOM).
2. The applicant states he was never issued the ARCOM and it is not listed on his DD Form 214.
3. The applicant provides:
* The ARCOM Citation
* National Personnel Record Center Letter dated 1 March 2013
* DD Form 214 dated 5 June 1970
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 enlisted in the Regular Army on 5 September 1967. He completed training as an equipment operator. He arrived in Vietnam on 20 February 1968 and was assigned to Company B, 92nd Engineer Battalion.
3. On 13 February 1969, the applicant was recommended for award of the ARCOM for the period 20 February 1968 to 19 February 1969. The battalion commander recommended approval.
4. He departed Vietnam en-route to the United States on 19 February 1969.
5. On 5 June 1970, the applicant was honorably released from active duty.
6. The applicant's DD Form 214 does not show he was awarded the ARCOM. A review of his Official Military Personnel File (OMPF) fails to show that orders were ever published awarding him the ARCOM.
7. 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 Military Awards Branch of the United States Army Human Resources, failed to reveal any orders awarding him the ARCOM.
8. He provides a copy of the ARCOM Citation showing he was awarded the ARCOM for performance of exceptionally meritorious service in support of the United States objectives in the counterinsurgency effort in the Republic of Vietnam during the period February 1968 to February 1969.
9. 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's contentions have been noted. His supporting evidence has been considered.
2. According to the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required to be awarded the ARCOM.
3. There is a recommendation for award of the ARCOM in the applicant's Official military Personnel File (OMPF) and he provides a copy of a Citation for award of the ARCOM. However, there are no orders in his OMPF and no orders in ADCARS showing he was awarded the ARCOM.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20140001895
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ABCMR Record of Proceedings (cont) AR20140001895
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