IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160001350 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160001350 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 awarding him the Army Commendation Medal for the period 14 September 1971 to 30 November 1971 and adding this award 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. IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160001350 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 records to show he was recommended and awarded the Army Commendation Medal (ARCOM). 2. The applicant states his military personnel records jacket (i.e., his "201 file") does not show that he was recommended for the ARCOM. His commanding officer apparently thought he was worthy of the ARCOM. He discovered the ARCOM recommendation while cleaning out his basement and would like to be awarded the ARCOM and if the ARCOM is not approved, he wants the recommendation to become a part of his permanent file. 3. The applicant provides a copy of the draft recommendation and transmittal of award recommendation for service. 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 was inducted in the Army of the United States on 17 February 1971. He served in Vietnam from 6 September 1971 to 20 April 1972 while assigned to the 89th Military Police (MP) Group and the 720th MP Battalion. He received "excellent" conduct and efficiency ratings throughout his service. 3. He was honorably released from active duty as a specialist four/E-4 on 21 April 1972 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show award of the ARCOM. 4. His record is void of orders awarding him the ARCOM. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the ARCOM. 5. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the ARCOM pertaining to the applicant. 6. The applicant provides: a. What appears to be a draft ARCOM recommendation, wherein it shows he was recommended for an award for meritorious service during the period 14 September to 30 November 1971. b. A transmittal of award recommendation for service, undated, wherein it shows the above draft recommendation was forwarded for inclusion in his end-of-tour service award. It shows the Commander, Headquarters and Headquarters Detachment, 89th Military Police Group, stated an ARCOM (shown as "ACM" in the document) was considered appropriate recognition in view of his duty performance. 7. There is no evidence that the ARCOM recommendation was approved. REFERENCES: 1. 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. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policy governing the composition of the Official Military Personnel File (OMPF). This regulation does not authorize filing of award recommendations in the OMPF except in cases where an award recommendation has been downgraded. Current policy provides that an award certificate bearing the orders number for the approved award will be filed. At the time the applicant served, in most cases only the orders for an approved award were filed in the OMPF. DISCUSSION: 1. The evidence shows the applicant was recommended for the ARCOM as an end-of-tour service award. The recommendation was endorsed by the Commander, Headquarters and Headquarters Detachment, 89th Military Police Group. The evidence of record is void of orders showing the applicant was awarded the ARCOM. 2. There is also no evidence (e.g., non-judicial punishment or counseling for poor performance) indicating the ARCOM recommendation would have been disapproved. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the ARCOM. 3. Award recommendations are not normally filed in the OMPF. Should the Board determine relief is warranted in this case, a copy of an ARCOM Certificate bearing the authorizing order number for the approved award will be filed in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001350 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001350 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2