BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014117 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014117 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 and issuing the medal set to him. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing him a copy of the Army Commendation Medal citation. ___________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. BOARD DATE: 20 October 2016 DOCKET NUMBER: AR20150014117 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM). Additionally, he requests a copy of the award citation and an ARCOM medal set. 2. The applicant states he was awarded the ARCOM for his actions in the Republic of Vietnam on the night of 24 July 1967. He has correspondence from the Army that indicates he was awarded this award. 3. The applicant provides a copy of his DD Form 214 and a letter from Headquarters, Fort MacArthur, San Pedro, California, dated 15 March 1968. 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 25 February 1966. He completed his initial entry training and was awarded military occupational specialty 91D (Operating Room Specialist). 3. He served in the Republic of Vietnam from on or about 12 November 1966 through on or about 4 December 1967. During this period of service he was assigned to the 3rd Surgical Hospital, U.S. Army Pacific, Vietnam. 4. He was honorably released from active duty on 24 January 1969, after completing 2 years and 10 months of total active service. His DD Form 214 does not show he was awarded the ARCOM. 5. His record does not contain orders awarding him the ARCOM. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the ARCOM. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders that show he was awarded the ARCOM. 7. The applicant provides a letter from Headquarters Fort MacArthur, San Pedro, California, and dated 15 March 1968, wherein he was notified that he received the ARCOM. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that 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: 1. The applicant's available record does not contain evidence that shows he was awarded the ARCOM. The governing Army regulation states that for personal decorations, which include the ARCOM, formal recommendation, approval through the chain of command, and announcement in orders are required. 2. The applicant provides a letter, dated 10 months prior to his date of separation, in which he was notified that he received the ARCOM. However, both his available record and ADCARS are void of official orders that confirm his award of the ARCOM. Had the award been approved and published through official channels, it is reasonable to presume he would have been presented with the award and official orders prior to his separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014117 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014117 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2