IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140005507
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. The applicant states he was awarded the ARCOM for his service in Vietnam, but it is not listed on his DD Form 214.
3. The applicant provides:
* ARCOM Certificate and Citation
* DD Form 214
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 17 April 1967 for 3 years. He completed his training and was awarded military occupational specialty 26V (Microwave Radio Repairman). He served in Vietnam from 25 April 1968 to 23 November 1969. On 24 November 1969, he was honorably released from active duty.
3. His DD Form 214 does not show the ARCOM as an authorized award.
4. There are no orders for award of the ARCOM in his available records. His DA Form 20 (Enlisted Qualification Record) does not show the ARCOM as an authorized award.
5. He provided an ARCOM Certificate and Citation showing he was awarded the ARCOM for meritorious achievement in Vietnam during the period 1-26 August 1969.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders that awarded him the ARCOM. However, it did contain a copy of Headquarters, 1st Signal Brigade, U.S. Strategic Command, General Orders Number 938, dated 15 April 1970, which revoked Headquarters, 1st Signal Brigade, U.S. Strategic Command, General Orders Number 3007, dated 24 November 1969, which awarded him the ARCOM for the period 1-26 August 1969.
7. 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:
There are no orders for the ARCOM in the applicant's available records and the orders for the applicant's ARCOM for the period 1-26 August 1969 were revoked. In the absence of valid orders, the award certificate and citation provided by the applicant are not sufficient as a basis for adding award of the ARCOM to his DD Form 214.
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) AR20140005507
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005507
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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