Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140016685
Original file (20140016685.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016685


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003262

    Original file (20150003262.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM) (2nd Award) and the Army Achievement Medal (AAM) (2nd Award). The applicant's request for correction of his record to show he was awarded an ARCOM (2nd Award) and an AAM (2nd Award) is supported by the evidence in this case.

  • ARMY | BCMR | CY2012 | 20120022173

    Original file (20120022173.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM) with two bronze service stars, Overseas Service Ribbon (OSR), and Combat Action Badge (CAB). Therefore, his records should be corrected to show award of the CAB. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2008 | 20080005389

    Original file (20080005389.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080005389 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Overseas Service Ribbon (OSR), 2nd Award. The evidence of record confirms the applicant completed three overseas tours in Germany, and that he was awarded the OSR with Numeral 3 based on his completion of these tours, as evidenced by an entry in Item 9 of his DA Form 2-1.

  • ARMY | BCMR | CY2012 | 20120022442

    Original file (20120022442.txt) Auto-classification: Denied

    The applicant requests correction of two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Overseas Service Ribbon (OSR), Korea Defense Service Medal (KDSM), and U.S. Army Recruiter Badge. The applicant contends that his two DD Forms 214 should be corrected to show award of the KDSM, OSR, U.S. Army Recruiter Badge, and AGCM (2nd Award). Therefore, in view of all of the foregoing, there is insufficient...

  • ARMY | BCMR | CY2009 | 20090001393

    Original file (20090001393.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (OLC) (4th Award). The evidence of record shows that the applicant was awarded the ARCOM with 1st OLC in December 1983 and a retirement ARCOM with 3rd OLC in October 1986. Therefore, it would be appropriate at this time to correct his DD Form 214 to add the ARCOM with 3rd OLC.

  • ARMY | BCMR | CY2014 | 20140006112

    Original file (20140006112.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and Overseas Service Ribbon (OSR). Therefore, there is insufficient evidence with which to correct his DD Form 214 to add this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the OSR and Sharpshooter Marksmanship Qualification Badge with Rifle Bar...

  • ARMY | BCMR | CY2010 | 20100010771

    Original file (20100010771.txt) Auto-classification: Approved

    The applicant states there are a number of awards he received while serving on active duty that are not listed on his DD Form 214. The applicant’s record shows he served in Southwest Asia (SWA) in support of Operation Vigilant Warrior from 28 October through 22 November 1994. ___________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.

  • ARMY | BCMR | CY2013 | 20130012827

    Original file (20130012827.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Overseas Service Ribbon (OSR) (2nd Award) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Army Good Conduct Medal (AGCM) * Global War on Terrorism Service Medal (GWOTSM) * North Atlantic Treaty Organization (NATO) Medal 2. The OSR (2nd Award) was not included for completion of a tour in Kosovo. His DD Form 214 shows in: * item 12f (Foreign Service) –...

  • ARMY | BCMR | CY2012 | 20120009142

    Original file (20120009142.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...

  • ARMY | BCMR | CY2007 | 20070011507C080407

    Original file (20070011507C080407.doc) Auto-classification: Approved

    The applicant's record contains an Office of The Adjutant General, United States Army Reserve Components Personnel and Administration Center (ARPERCEN) letter, dated 7 April 1980, which includes a DA Form 1577 (Authorization for Issuance of Awards) that indicates that the applicant was authorized and issued the following awards: AM with Numeral 2 (3rd Award); ARCOM; AGCM; Meritorious Unit Emblem; NDSM; VSM with 1 silver service star and 1 bronze service star; and RVN Campaign Medal with...