IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140016903
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 that his award of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his award of the ARCOM was not entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and ARCOM citation and certificate.
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 was inducted on 2 July 1968 and was transferred to Fort Bragg, North Carolina to undergo his basic training. He was honorably discharged on
7 July 1968 for the purpose of enlisting in the Regular Army. He enlisted in the Regular Army on 8 July 1968 for a period of 3 years and training as an airframe repairman.
3. He completed his basic training and was transferred to Fort Eustis, Virginia to undergo his advanced individual training. He completed his training and was transferred to Vietnam on 23 February 1969. He was promoted to the pay grade of E-5 on 19 August 1969.
4. He departed Vietnam on 22 February 1970 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD). He had served 3 years and 6 days of active service and his
DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.
5. A review of his official records failed to show orders awarding him the ARCOM. Additionally, a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him the ARCOM.
6. The citation and certificate provided by the applicant indicate that he was awarded the ARCOM for meritorious service during the period of February 1969 to February 1970.
7. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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. While the sincerity of the applicants claim that he was awarded the ARCOM is not in doubt, orders are required for award of the ARCOM and the applicant has failed to show through the evidence of record and evidence submitted with his application evidence to show that orders were published awarding him the ARCOM.
2. Therefore, in the absence of orders to show he was awarded the ARCOM, there appears to be no basis to add that award to his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140016903
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ABCMR Record of Proceedings (cont) AR20140016903
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