IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130012007 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) (2nd Award).

2.  The applicant states his second ARCOM was not added to his DD Form 214 upon discharge.

3.  The applicant provides:

* DD Form 214
* ARCOM citation

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 1 December 1969.  He was trained in and awarded military occupational specialty 71L (Administrative Specialist).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand from 23 September 1971 to 19 November 1972. Item 41 (Awards and Decorations) includes the ARCOM and it shows it was announced in official orders.

4.  The applicant's military record does not include any additional orders or any other documents to show he was ever recommended for or awarded a second ARCOM.

5.  On 20 November 1972, the applicant was honorably released from active duty in the rank of specialist five (SP5) after completing 2 years, 11 months, and 20 days of active military service.  The DD Form 214 issued to him shows he was awarded the ARCOM.

6.  The applicant provides a citation which contains the basis for the award of the ARCOM (First Oak Leaf Cluster (OLC)) for meritorious service in Thailand during the period September 1971 to November 1972.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for an ARCOM pertaining to the applicant.

8.  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.  An OLC is used to denote second or succeeding awards of this medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show he is entitled to a second ARCOM.  There is insufficient evidence to support this claim.


2.  The evidence of record does not include a second order or any other documents to show he was ever awarded a second ARCOM.  Absent any evidence to support his claim or the citation that he provides confirming his entitlement to the ARCOM with OLC, there is no basis to grant the requested relief in this case.

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)                                         AR20130012007



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ABCMR Record of Proceedings (cont)                                         AR20130012007



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