IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006302
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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, he was recommended for the award and it is not listed on his DD Form 214.
3. The applicant does not provide any 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. Records show the applicant enlisted in the Regular Army on 11 August 1975, reenlisted on 16 March 1977 and held military occupational specialty (MOS) 67V (Helicopter Repairer). The highest rank/grade he attained was sergeant/E-5.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in item 9 (Awards, Decorations, and Campaigns):
* Aircraft Crewman Badge
* Army Good Conduct Medal
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar
4. On 13 June 1980, he was honorably released from active duty. His DD Form 214 shows he was awarded the:
* Aircraft Crewman Badge
* Army Good Conduct Medal
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar
5. His records are void of orders awarding him the ARCOM and he does not provide any orders.
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. There is insufficient evidence to support the applicant's contention regarding the ARCOM. Award of the ARCOM requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain and he does not provide orders showing he was awarded the ARCOM.
2. In the absence of documentary evidence showing otherwise, there is insufficient evidence to grant relief requested.
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.
ABCMR Record of Proceedings (cont) AR20140006302
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ABCMR Record of Proceedings (cont) AR20140006302
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