IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140016685
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) (2nd Award) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was given his ARCOM (2nd Award) on 11 April 1988, 12 days post discharge.
3. The applicant provides two ARCOM Certificates, his DD Form 214, and a
DD Form 215 (Correction to 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. Records show the applicant enlisted in the Regular Army (RA) on
21 April 1978, completed basic training and was awarded MOS 35H (Calibration Specialist). He reenlisted in the RA on 20 October 1981.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in item 9 (Awards, Decorations, and Campaigns):
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR) (2nd Award)
* ARCOM
* Joint Service Commendation Medal (JSCM)
* Army Good Conduct Medal (AGCM) (3rd Award)
* Sharpshooter Marksmanship Qualification Badge Rifle Bar (M-16) and Grenade Bar
4. On 31 March 1988, he was honorably discharged from active duty service. His DD Form 214 shows he was awarded the:
* ASR
* OSR (2nd Award)
* ARCOM
* JSCM
* AGCM (3rd Award)
* Sharpshooter Badge (Rifle M-16)
5. His records show that on 11 August 2014, he received a DD Form 215 which corrected his DD Form 214 to add the Korea Defense Service Medal.
6. His records are void of orders awarding him the ARCOM (2nd Award) and he does not provide any orders.
7. He provides an ARCOM Certificate showing he received the ARCOM (2nd Award) for the period from 31 July 1980 to 31 March 1988
8. 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 (2nd Award). Award of the ARCOM requires a formal recommendation, approval through the chain of command, and announcement in orders. Although the applicant provides a copy of his ARCOM Certificate (2nd Award), his records do not contain and he does not provide orders showing he was awarded the ARCOM (2nd Award). A certificate alone is insufficient confirmation that orders were published.
2. In the absence of documentary evidence showing otherwise, there is insufficient evidence to grant the 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) AR20140016685
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