MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:	15 January 2002
	DOCKET NUMBER:	AR2001060028

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Army Commendation Medal (ARCOM).  The applicant indicates that the date of discovery of the alleged error or injustice was June 2001 but offers no specifics on why it would be in the interest of justice for the Board to consider this application.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 19 February 1965 at the age of 24 with 16 years of education.  He completed basic training and advanced individual training (AIT) for 31M (Radio Relay and Carrier Operator).  

The applicant served as a 31M for his entire period of service, which included service in Korea (11 August 1965 to 13 September 1966) and in Vietnam (13 March 1967 to 4 February 1968).  He attained the rank of sergeant, pay-grade E-5, on 24 June 1967.  His conduct and efficiency for all recorded periods was excellent.  The applicant was released from active duty on 6 February 1968 and upon completion of his reserve obligation received an Honorable Discharge.

The applicant’s record shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, the Vietnam Campaign Medal with 1960 device and the Expert Qualification Badge with rifle bar. His record also contains a Letter of Appreciation, dated 5 November 1967, signed by his company commander and a Letter of Recognition, dated 30 July 1965, signed by the Assistant Commandant, Southeastern Signal School, Ft. Gordon, Georgia. 

There is no evidence that the applicant was formally recommended for an ARCOM, nor has the applicant documented what he did to distinguish himself for award of this medal.

Army Regulation 600-8-22 provides that 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, distinguished 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.

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.  The Board may excuse any failure to timely file when it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 6 February 1968, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 6 February 1971.

The application is dated 28 June 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__INW__  __HOF ___  __DPH _  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2001060028	
SUFFIX		
RECON		
DATE BOARDED	20020115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.002	
2.		
3.		
4.		
5.		
6.