IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004654
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). He also requests correction of his DD Form 214 to show his social security number (SSN) as XXX-36-XXXX vice XXX-39-XXXX.
2. He states he received this award after he was discharged from the military, and his SSN is incorrect.
3. He provides:
* his DD Form 214
* a DA Form 4980-14 (ARCOM Certificate)
* his social security card
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 in the Army of the United States on 25 June 1968 and served until he was discharged on 2 June 1969 in order to accept a commission. The DD Form 214 he was issued, dated 2 June 1969, does not show award of the ARCOM. Item 3 (Social Security Number) of this DD Form 214 shows his SSN as XXX-36-XXXX.
3. He was appointed as an officer in the U.S. Army Reserve and ordered to active duty on 3 June 1969.
4. His DA Form 66 (Officer Qualification Record) does not show award of the ARCOM.
5. His record contains the following documents which show his SSN as XXX-36-XXXX:
* Special Orders Number 125, dated 25 June 1968
* a DD Form 398 (Statement of Personal History), dated 3 June 1969
* DA Form 1059 (Academic Report), dated 20 January 1970
* Special Orders Number 148, dated 16 July 1973
6. He was honorably released from active duty on 4 September 1973. His DD Form 214, for the period ending 4 September 1973, does not show award of the ARCOM. Item 3 of this DD Form 214 shows his SSN as XXX-39-XXXX.
7. He submitted:
a. a DA Form 4980-14, dated 12 September 1973, which shows he was awarded the ARCOM for meritorious service during the period August 1971 to September 1973.
b. his social security card that lists his SSN as XXX-36-XXXX.
8. His record is void of orders or any corroborating documents awarding him the ARCOM.
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. Documents in his personnel record correctly list his SSN as XXX-36-XXXX; however, it appears his SSN was incorrectly transcribed to his DD Form 214 for the period ending 4 September 1973. Therefore, it would be appropriate to correct his DD Form 214 to show the SSN as shown on his social security card.
2. There are no orders or other corroborating evidence in the applicant's record, and the applicant did not provide sufficient evidence, that confirms he was awarded the ARCOM. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting from item 3 of his DD Form 214 for the period ending 4 September 1973 the current entry and replacing it with the SSN as shown on his social security card.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to correcting his DD Form 214 to show award of the Army Commendation Medal.
____________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) AR20140004654
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ABCMR Record of Proceedings (cont) AR20140004654
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