IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140002301
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 (Report of Separation from Active Duty) for the period ending 30 December 1976 to show award of the Army Commendation Medal (ARCOM).
2. The applicant states his ARCOM is not included in his military records. He recently found a newspaper clipping (picture) that had been lost which proves he received this award. He further states while he was in Korea he was injured, hospitalized, and subsequently flown to a naval hospital in Philadelphia. While in the hospital in Korea, he was awarded the ARCOM.
3. The applicant provides:
* DD Form 214 for the period ending 30 December 1976
* self-authored letter
* pictures of his battalion commander, his ARCOM, and his unit information
* newspaper clipping
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 29 September 1971, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 13A (Field Artillery Basic). On 25 October 1973, he reenlisted for 3 years. The highest rank he held was sergeant/pay grade E-5.
3. His DA Form 2-1 (Personnel Qualification Record) shows in:
* item 5 (Oversea Service) he was credited with service in Korea from 7 January 1974 17 June 1975
* item 35 (Record of Assignments) he served in Service Battery, 2nd Battalion, 17th Field Artillery, 2nd Infantry Division
* item 9 (Awards, Decorations, and Campaigns) no entry for the ARCOM
4. His record contains a DA Form 2166-4 (Enlisted Efficiency Report) dated 31 January 1975, which shows his battalion commander as Lieutenant Colonel HES.
5. On 30 December 1976, he was honorably discharged from active duty for physical disability. He completed a total of 5 years, 3 months, and 2 days of creditable active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal (Korea)
6. His records are void of any orders or other documents that indicate he was recommended for or awarded the ARCOM by proper authority.
7. He provides a newspaper clipping showing Major General JRT congratulating the applicant of Service Battery, 2nd Battalion 17th Field Artillery, after presenting him with the ARCOM. Also present at his bedside was his battalion commander.
8. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.
9. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a copy of a newspaper clipping with picture showing him being awarded the ARCOM by a major general. His battalion commander is in the picture. He also provides a picture of his ARCOM. Absent orders, possession of these items does not automatically confer entitlement to an award. However, in this case, the preponderance of evidence supports adding the ARCOM to his DD Form 214.
2. He completed a period of service in Korea that met the eligibility requirements for the KDSM. He is entitled to correction of his DD Form 214 to show this award.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ARCOM and KDSM 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) AR20140002301
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ABCMR Record of Proceedings (cont) AR20140002301
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