BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140013767 


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 award of the Army Commendation Medal (ARCOM).

2.  The applicant states that he was recommended for award the ARCOM for meritorious service during the period 12 December 1994 to 23 November 1997.

   a.  He was released from active duty (REFRAD) on 12 January 1998.  His leadership assured him that the award would be approved; however, he never received the award.

   b.  He recently located his former platoon leader, company commander, and battalion commander, all of whom have provided him letters pertaining to the award recommendation.

   c.  He is currently serving in the U.S. Air Force in the rank of technical sergeant/pay grade of E-6.  His "Weighted Airman's Promotion System Cycle 2010E7" score was 324.15.  The promotion point cut-off score was 326.84, which left him 2.69 points shy of the promotion cut-off score.  The ARCOM would have given him three (3) additional promotion points and resulted in his promotion to master sergeant/pay grade E-7.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award) and four letters.


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 had prior enlisted service in the U.S. Army Reserve (USAR), Regular Army (RA), and Army National Guard of the United States from 
26 November 1990 through 12 July 1994.  During this period he –

* was awarded military occupational specialty (MOS) 11B (Infantryman)
* served in Southwest Asia from 31 January 1992 to 16 June 1992

3.  The applicant enlisted in the RA on 13 July 1994.  He was –

* awarded MOS 19K (M1 Abrams Armor Crewman)
* served in Bosnia from 25 December 1995 to 1 December 1996
* promoted to sergeant (SGT)/pay grade E-5 on 31 October 1996

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably REFRAD on 12 January 1998 and transferred to a USAR unit.

	a.  He completed 3 years and 6 months of total active service this period.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the ARCOM.  (It shows, in pertinent part, the Army Achievement Medal (AAM) (4th Oak Leaf Cluster) (i.e., five awards of the AAM).

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded or recommended for the ARCOM.


6.  In support of his application the applicant provides the following documents.

   a.  DA Form 638, dated 28 October 1997, that shows the applicant was recommended for award of the ARCOM for meritorious service during the period 12 December 1994 to 23 November 1997.  It also shows in –

* Part I (Soldier Data), item 8 (Previous Awards):  "AAM – 5" (i.e., five awards)
* Part II (Recommender Data) –

* First Lieutenant S____ V. R____, Platoon Leader, Company C, 
1st Battalion, 36th Infantry, Camp Dobol, Operation Joint Guard
* Item 19 (Signature) is blank

* Part IV (Recommendations/Approval/Disapproval) –

* Captain G____ K. A____, Commander, Company C, 1st Battalion, 36th Infantry, recommended approval of the ARCOM and signed the form on 28 October 1997
* Lieutenant Colonel (LTC) M____ J. E____, Commander, 
1st Battalion, 36th Infantry – no entries (i.e., no recommendation, date or signature)
* Colonel (COL) K____ C. W____, Commander, 1st Brigade, 
1st Armored Division – no entries (i.e., no award decision, date or signature)

* Part V (Orders Data) is blank (i.e., no entries)

   b.  Headquarters, U.S. Army Africa, Memorandum for Record, undated, from Major (Promotable) S____ V. R____, that shows he was the platoon leader for the applicant on 23 November 1997.  He states the applicant first contacted him about the award recommendation in 2011, but he was unable to resubmit the award recommendation due to time limitations set forth in the Army regulation.  The applicant recently provided him a copy of the DA Form 638 that he submitted on 28 October 1997 recommending award of the ARCOM to the applicant for the period 12 December 1994 to 23 November 1997.  He acknowledges that it does not have his signature, but points out that it does have the signature of the company commander.  He adds that he does not know why the award recommendation was never forwarded to the approval authority.  He concludes that the award should be approved with his endorsement.

    c.  Headquarters, 2nd Battalion, 87th Infantry Regiment, 3rd Brigade Combat Team, 10th Mountain Division (Light Infantry), Forward Operating Base Pasab, Afghanistan, memorandum, dated 28 February 2012, from LTC G____ K. A____, that shows he was the company commander for the applicant on 23 November 1997.  He states he signed and submitted the DA Form 638 on 28 October 1997 recommending award of the ARCOM to the applicant for the period 12 December 1994 to 23 November 1997.  He adds he submitted the award recommendation in good faith, but does not know why the award recommendation was never forwarded to the approval authority.  He concludes that the award should be approved with his endorsement.
 
   d.  Headquarters, Air Force Personnel Center, Randolph Air Force Base, TX, memorandum, dated 18 April 2012, that shows the Superintendent, Air Force Recognition Programs, advised the applicant they were unable to verify the applicant's entitlement to the ARCOM.  He noted the award recommendation was not finalized and there are no orders awarding the applicant the ARCOM.  He recommended the applicant submit an application to the ABCMR.

   e.  Letter from COL M____ J. E____, U.S. Army (Retired), dated 23 June 2013, that shows he was the battalion commander for the applicant in October and November 1997.  He states the former platoon leader and company commander submitted the DA Form 638 recommending award of the ARCOM to the applicant for the period 12 December 1994 to 23 November 1997 and they presented the award to him.  He adds that he has no specific memory of the award recommendation.  He expresses his faith and confidence in the recommending officials and requests the award recommendation be approved.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Chapter 3 (U.S. Individual Decorations), paragraph 3-18, shows 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 records should be corrected to show award of the ARCOM.

2.  The applicant's request and the evidence provided were carefully considered.

	a.   The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.

	b.   The evidence of record also shows that officers in the applicant's former chain of command, including the award approval authority, attest to the fact that a DA Form 638 was submitted on 28 October 1997 recommending award of the ARCOM to the applicant for the period 12 December 1994 to 23 November 1997.  However, they also acknowledge that, for reasons that are not known, the award recommendation was not finalized and/or announced in orders.

   c.  The applicant's former platoon leader (i.e., recommending official), company commander, and battalion commander provide statements that confirm they recommend approval of the award to the applicant.

   d.  Therefore, based on the evidence of record, it would be appropriate at this time to show the award recommendation was acted upon in a timely manner and award the applicant the ARCOM for meritorious service during the period 12 December 1994 to 23 November 1997.  

BOARD VOTE:

__X______  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Army Commendation Medal for meritorious service during the period 12 December 1994 to 23 November 19978 (Standard Name Line:  SGT, Company C, 1st Battalion, 36th Infantry, Operation Joint Guard); and



   b.  adding to item 24 of his DD Form 214 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)                                         AR20140013767



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ABCMR Record of Proceedings (cont)                                         AR20140013767



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