IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140003011
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 award of the Army Commendation Medal (ARCOM).
2. He states, in effect, that he was awarded the ARCOM shortly after he was released from active duty. He found out the medal was not on his DD Form 214 when he tried to get another certificate and medal. He never received the medal, but he did receive the certificate but it was later destroyed in a fire.
3. He provides no additional evidence.
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 10 February 1971, he was inducted into the Army of the United States. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 702nd Maintenance Battalion in Korea from 3 August 1971 to 13 September 1972 performing the duties of a welder and a light weapons infantryman.
3. His record is void of documentation showing he was recommended for or was awarded the ARCOM.
4. On 15 September 1972, he was honorably released from active duty. His DD Form 214 does not list the ARCOM.
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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal the award of the ARCOM pertaining to the applicant.
6. 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 sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically entitle the individual to an award. Absent orders which awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM.
2. The applicant is advised to submit a request for reconsideration if he has a copy of the orders awarding him the ARCOM or official documentation confirming that such orders were published. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
3. In view of the above, his 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.
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