IN THE CASE OF:	   

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140003234 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Army Commendation Medal (ARCOM)
* his social security number (SSN) as XXX-XX-5502

2.  Counsel states:

	a.  The applicant enlisted in the Regular Army on 19 May 1987 and he served on active until 16 June 1991 when he was honorably discharged.  He obtained the rank of sergeant, his military occupational specialty (MOS) was 11B (infantryman), and he served with the 82nd Airborne Division.

	b.  He participated in Operation Desert Storm and Operation Just Cause.  He has over 25 jumps in his 4-year Army career.  He was deployed on 20 December 1989 as part of the initial invasion force of Operation Just Cause where he engaged in enemy forces combat.  For his service in Operation Just Cause, his platoon leader recommended award of the ARCOM.  The citation stated:

On 20 DEC 89, [Applicant] participated in the combat airborne assault on Tocumen airfield in the Republic of Panama as part of the spearhead of Operation Just Cause.  Upon air-assaulting into LZ [landing zone] Bobcat [applicant] found himself in an element far separated from the rest of the company.  1SG [First Sergeant] M____ turned to [Applicant] for assistance in linking the element back up with the company.  [Applicant's] cool-headed performance under the direct fire of the enemy was critical to the company's meeting its mission.  His performance throughout the operation reflected great credit upon himself and the U.S. Army.

	c.  In preparation of this application, the applicant contacted his former platoon leader who clearly recalled the applicant and his combat service in Operation Just Cause.  The platoon leader eagerly provided a declaration stating he recalls recommending the applicant for award of the ARCOM and supports the requested action.

	d.  The records clearly show the applicant is deserving of the award.  A DA Form 4856 (General Counseling Form) for the period 8 December 1989 to 12 January 1990 states, in part:

You jumped into combat, you assembled at Company Assembly Area without incident and took charge of the squad until I arrived.  Upon my arrival you gave an accurate count of men and equipment for the squad.  Job well done.  Later while involved in clear operations in the city your upbeat attitude kept your team morale up helping the squad complete its mission.  Your ability to interpret Spanish was an immense help in completing the mission.  Your attitude and knowledge greatly helped 2nd Squad complete its mission.  Good job and very well done.

	e.  The applicant is simply asking for what he earned and deserved.  The ARCOM that he should have received yet did not receive will not change the course of his life or put money in his pocket.  Rather, it is simply a matter of fairness and pride in service.  Awarding him the ARCOM that he earned is the least the Army can now do for a proud and deserving combat veteran of operations in Panama and Iraq.

3.  Counsel provides:

* applicant's DD Form 214 for the period ending 16 June 1991
* applicant's DD Form 215 (Correction to DD Form 214) for the period ending 16 June 1991, dated 9 December 1997
* applicant's service personnel records
* front side of a DA Form 638 (Recommendation for Award)
* declaration from the platoon leader during the time in question who recommended the applicant for the ARCOM

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 19 May 1987 and trained as an infantryman.  He served in Panama from 20 December 1989 to 12 January 1990.

3.  Counsel provided the front side of a DA Form 638, dated 17 January 1990, which shows the applicant was recommended for award of the ARCOM for the period 20 December 1989 to 12 January 1990.  The citation states he participated in combat airborne assault on 20 December 1989 in Panama as part of the spearhead of Operation Just Cause.

4.  The applicant also served in Southwest Asia from 17 August 1990 to 7 April 1991.  On 16 June 1991, he was honorably released from active duty.

5.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-5520.  His DD Form 214 does not show the ARCOM as an authorized award.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show entitlement to the ARCOM.

7.  There are no orders for the ARCOM in the available records.

8.  A DD Form 215, dated 27 September 1991, amended the applicant's DD Form 214 to show his SSN as XXX-XX-5502.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  A copy of this DD Form 215 will be provided to him.

9.  A DD Form 215, dated 9 December 1997, amended the applicant's DD Form 214 for the period ending 16 June 1991 by adding award of the Kuwait Liberation Medal (Southwest Asia) (should read Saudi Arabia), Kuwait Liberation Medal (Kuwait), Southwest Asia Service Medal with two bronze service stars, and Army Good Conduct Medal.

10.  Counsel provided a declaration from the applicant's platoon leader at the time in question, dated 6 February 2014, who recommended him for the ARCOM.  He states:

	a.  He directly served with the applicant prior to, during, and after Operation Just Cause in Panama.  He personally observed the applicant's duty performance during Operation Just Cause.  Their company participated in a combat air assault in Panama spearheading Operation Just Cause.  Based on the applicant's exceptional duty performance under enemy fire, he recommended him for the ARCOM.  The applicant has provided him with a copy of his original recommendation, which he has carefully reviewed and does recall.

	b.  He does recall submitting the recommendation up through the chain of command, but he cannot declare with certainty what the reasons were that the recommendation was rejected.  He does seem to recall that the division was limiting the number of awards that it authorized as a result of Operation Just Cause combat action in an effort, presumably, to not devalue the significance of the awards ultimately approved.

	c.  He continues to believe the applicant was deserving of the ARCOM and the recommendation should have been approved.

	d.  The applicant was a truly outstanding Soldier.

11.  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.

12.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.
13.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Counsel's contentions were carefully considered.  However, there are no orders for award of the ARCOM in the applicant's available records and his former platoon leader indicates the award was not approved.  As a result, there is insufficient evidence on which to base correction of the applicant's DD Form 214 to show this award.

2.  While the available evidence is insufficient for awarding the applicant the ARCOM and/or correcting his DD Form 214, this is no way affects his right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 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)                                         AR20140003234



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ABCMR Record of Proceedings (cont)                                         AR20140003234



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