IN THE CASE OF:	   

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017696 


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 record to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect:

* when he left the 121st Evacuation Hospital, he received a letter from his postal officer commending him for his work in Korea  
* he received a letter from a friend telling him that he might also be receiving the ARCOM; however, it was never received  
* he is late in requesting the award because he did not know who to contact until he spoke with the local American Legion

3.  The applicant provides a personal letter that he submitted to the American Legion, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and two letters of appreciation.

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.  On 19 May 1964, the applicant enlisted in the Regular Army.  He completed basic training and was awarded military occupational specialty 71B (Clerk-Typist).  The highest rank he held was specialist four (SP4)/pay grade E-4.

3.  A DA Form 20 (Enlisted Qualification Record) item 31 (Foreign Service) contained in his record shows he was credited with service in Korea from 22 May 1965 through 22 May 1966.

4.  On 18 May 1967, he was honorably released from active duty.  He completed 3 years of creditable active service.  His DD Form 214 does not show the ARCOM.  

5.  The available records are void of documentation showing he was recommended for or was awarded the ARCOM.

6.  The applicant provided two letters of appreciation dated 13 July 1966 and 20 February 1967 which state, in effect, that he was commended for his outstanding performance of duty as the hospital mail clerk in Korea and at the U. S. Army Personnel Center at Fort Dix, NJ.  

7.  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.

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rests with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was told he was recommended for the ARCOM for his service in Korea in 1965 to 1966.  The sincerity of his claim is not questioned.  Unfortunately, there is no evidence indicating he was recommended for or awarded the ARCOM.

2.  Absent orders awarding him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM.  However, this decision does not preclude the applicant from properly applying for the ARCOM through his Member of Congress under the provisions of 10 USC 1130 to the Commander, U.S. Army Human Resources Command located at Fort Knox, KY.  The applicant is encouraged to follow the guidance noted above in the consideration of evidence, paragraph 9. 

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)                                         AR20130012994



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ABCMR Record of Proceedings (cont)                                         AR20140017696



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