IN THE CASE OF:	  

		BOARD DATE:	23 July 2015  

		DOCKET NUMBER:  AR20140021148 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Army Commendation Medal (ARCOM).

2.  The applicant states:

   a.  the omission of the ARCOM from his DD Form 214 effectively negates his entitlement to this medal;
   
   b.  Major General F. J. H. Jr. of the Medical Corps issued him the citation for the ARCOM on 7 February 1973; and
   
   c.  it is critical his DD Form 214 list his ARCOM in order to have it annotated on his gravestone.

3.  The applicant provides an ARCOM Certificate in support of his request.

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 enlisted in the Regular Army on 4 February 1970.  He was trained in and awarded military occupational specialty 71B (Clerk Typist), and subsequently attained the rank of specialist five (SP5/E-5) on 1 April 1972.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served with the United States Army Hospital in Asmara, Ethiopia, for 30 months from 8 September 1970 to 7 March 1973.  The ARCOM is not listed on this document and there are no orders on file announcing this award.

4.  The applicant's Official Military Personnel File (OMPF) contains a 
DA Form 638 (Recommendation for Award) and the corresponding citation which shows his commander recommended him for the ARCOM for meritorious service during the period 10 September 1970 to 3 March 1973.  The citation includes the following favorable comments:

   a.   SP5 S______ consistently demonstrated outstanding performance first as a stock record specialist and then a Non-Commissioned Officer in Charge of the Medical Material Branch for the entire period.
   
	b.  Equipped with only the knowledge attained from attending the eight-week 71B2O course at Fort Leonard Wood, Missouri, SP5 S______ quickly demonstrated his unusual potential and was assigned the supervisory duties of the NCOIC of the hospital's Medical Material Branch.  His dynamic leadership abilities were not only outstandingly demonstrated in support of this hospital and station, but were severely tasked and challenged with the depot support of 22 State Department, Peace Corp, NAHRU, MAAC, and other U.S. sponsored activities through Africa and parts of the Middle East.
   
	c.  Throughout his tour of duty, SP5 S______'s excellent attitude, unquestionable military bearing, superior job knowledge, and complete devotion to duty has served as an outstanding example not to those under his direct supervision, but to everyone with whom he comes in contact with.  His dedicated contributions to the welfare of the officers and enlisted personnel of Kagnew Station, although almost unnoticed by those he served has been made at a cost of great personal sacrifice.  For the many off-duty hours spent by SP5 S_____ in the performance of his many and varied responsibilities, he has never asked for nor has he received compensatory time.

	d.  Since the November 1971 interservice transfer of this hospital from the U.S. Army Security Agency to the U.S. Army Medical Command, Europe, 
SP5 S______ has shown outstanding professional demeanor and intelligence in acceptance of additional workload, learning new policies, procedures, and reporting requirements and responsibilities that far exceed his formal military or civilian training

5.  On 28 February 1973, the applicant was honorably released from active duty and transferred to the USAR after completing 3 years and 25 days of creditable active duty.  Item 24 of the DD Form 214 issued him at that time does not list the ARCOM.

6.  The applicant provides a certificate which shows he received the ARCOM for meritorious service in Europe during the period 10 September 1970 through 3 March 1973.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-18 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.  The applicant contends his record should be corrected to show he earned the ARCOM.  There is sufficient evidence to support this claim.

2.  Although the evidence of record does not contain the official order which announced the applicant's ARCOM, it does contain a DA Form 638 and citation which confirms his commander recommended him for this award based on his European service, unit assignment, and duty performance for period of two and a half years.  The ARCOM Certificate he provides is corroborated by the evidence of record.  Accordingly, his record should be corrected at this time to show this award.

BOARD VOTE:

__x_____  _x_______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to his DD Form 214.



      _______ _   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)                                         AR20140021148





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ABCMR Record of Proceedings (cont)                                         AR20140021148



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