IN THE CASE OF: BOARD DATE: 15 August 2013 DOCKET NUMBER: AR20130000961 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) with 1st Oak Leaf Cluster. 2. He states there was a failure to record the ARCOM with 1st Oak Leaf Cluster on his DD Form 214 upon his release from active duty. He was awarded the ARCOM with 1st Oak Leaf Cluster on 19 January 1971 and he was released from active duty on 22 January 1971. 3. He provides: * DD Form 214 * ARCOM Certificate * ARCOM Certificate and Citation (with 1st Oak Leaf Cluster) 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. On 23 January 1968, the applicant enlisted in the Regular Army. 3. On 27 April 1969, Headquarters, 4th Infantry Division, issued General Orders Number 1394 announcing award of the ARCOM to him for meritorious service in the Republic of Vietnam from June 1968 to June 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows that following his service in Vietnam he was assigned to the: * Armed Forces Examining and Entrance Station, Bangor, ME, from 21 July 1969 to 14 April 1970 * Headquarters Detachment, U.S. Army Recruiting Command (USAREC), Hampton, VA, from 15 April 1970 through his release from active duty 5. On 22 January 1971, he was honorably released from active duty. His DD Form 214 shows one award of the ARCOM. 6. His record is void of documentation showing he received a second award of the ARCOM. 7. He provides an ARCOM Certificate and Citation, dated 19 January 1971, showing he was awarded the ARCOM with 1st Oak Leaf Cluster for meritorious service while assigned to USAREC during the period April 1970 to January 1971. 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 oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM. DISCUSSION AND CONCLUSIONS: 1. The applicant's records show he was awarded the ARCOM in orders for his service in Vietnam. This award is recorded on his DD Form 214. 2. He provides an ARCOM Certificate and Citation that show he was awarded the ARCOM with 1st Oak Leaf Cluster. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM with 1st Oak Leaf Cluster. 3. The applicant is advised to submit a request for reconsideration if he has a copy of the orders awarding him the ARCOM with 1st Oak Leaf Cluster or official documentation confirming that such orders were published. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature. 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) AR20130000961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1