BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011722
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 military records to show award of the Army Commendation Medal (ARCOM).
2. The applicant states he recently received his medals for his military service but the ARCOM was not included. The ARCOM is not listed on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214 (Copy Number 1)
* Information Sheet from the Veterans of Foreign Wars
* Certificate for award of the ARCOM, dated 1 December 1970
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 May 1968, the applicant enlisted in the Regular Army.
3. On or about 3 June 1969, the applicant was assigned for duty with the 525th Quartermaster Company in the Republic of Vietnam (RVN).
4. On 24 November 1970, the applicant returned to the United States.
5. On 28 November 1970, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5.
6. The applicant's DD Form 214 indicates he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
7. The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item
41 (Awards and Decorations) the same awards as listed on his DD Form 214.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the ARCOM. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
9. The certificate provided by the applicant states that he was awarded the ARCOM for meritorious service from June to December 1970 while serving in the RVN.
10. 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 applicant contends his DD Form 214 should be corrected to show award of the ARCOM.
2. There are no available general orders showing the applicant was awarded the ARCOM. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.
3. In view of the above, there is an insufficient basis for granting the applicant's request.
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) AR20110020295
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ABCMR Record of Proceedings (cont) AR20140011722
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