IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110014734 


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 award of the Army Commendation Medal (ARCOM).

2.  He states he discovered the ARCOM documentation upon the return of his belongings from his deceased mother's estate. 

3.  He provides his DD Form 214, an ARCOM Certificate, and 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.  He enlisted in the Regular Army on 30 December 1970.  He completed training and was awarded the military occupational specialty of military policeman.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany with assignments as a registration clerk and military police investigator in the 61st Military Police Detachment from December 1972 to December 1973.

4.  He was honorably released from active duty on 14 December 1973 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 2 years, 11 months, and 15 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the ARCOM.

6.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the ARCOM.

7.  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.

8.  The applicant provided an ARCOM Certificate with citation showing on 12 December 1973 he was awarded the ARCOM for meritorious service during the period October 1972 to December 1973.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant provided a copy of an ARCOM Certificate and citation, he did not provide orders authorizing this award.

2.  There is no evidence of record and he did not provide any evidence he was awarded or recommended for award of the ARCOM.  Without orders there is insufficient evidence to correct his DD Form 214 to show this award.



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 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)                                         AR20110014734



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ABCMR Record of Proceedings (cont)                                         AR20110014734



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