IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018267
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) be added to his final DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that after his separation he requested a copy of his DD Form 214 for veteran benefits purposes and noticed that his ARCOM was not on his DD Form 214.
3. The applicant provides a copy of an ARCOM Citation and ARCOM 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. On 16 July 1970, the applicant was inducted into the Army of the United States. On 21 July 1970, he was honorably discharged for immediate enlistment in the Regular Army on 22 July 1970. After initial training, he held military occupational specialty 67U (CH-47 Helicopter Repairmen).
3. His DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations) shows:
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Overseas Service Bar
* Expert and Marksman Marksmanship Qualification Badges with Rifle Bar (M-16)
4. On 20 July 1973, he was honorably released from active duty. His final DD Form 214 shows he was awarded the:
* National Defense Service Medal
* VSM with one Bronze Service Star
* RVN Campaign Medal with Device (1960)
* Expert and Marksman Marksmanship Qualification Badges with Rifle Bar (M-16)
* One Overseas Service Bar
5. His records are void of orders awarding him the ARCOM and he does not provide any orders.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for award of the ARCOM pertaining to the applicant.
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.
DISCUSSION AND CONCLUSIONS:
Although the applicant provides a copy of an ARCOM Citation and Certificate, there is insufficient evidence to support the applicant's contention regarding the ARCOM. Award of the ARCOM requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain and he does not provide orders showing he was awarded the ARCOM. In the absence of documentary evidence showing orders that were published, 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018267
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