IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018167 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018167 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018167 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Commendation Medal (ARCOM) and issuance of the medal. 2. The applicant states: a. On 25 November 1978, he was awarded the ARCOM and it was not annotated on his DD Form 214. b. He lost his ARCOM when he reached his expiration of term of service and was processing out of the Army. c. His ARCOM Certificate signed by a general of the U.S. Army certifies his meritorious service. 3. The applicant provides: * ARCOM Certificate * National Personnel Records Center letter, dated 23 September 2016 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 5 December 1975. 3. He provided a copy of his ARCOM Certificate given on 25 November 1978 and signed by Major General C___ F. M___ for exceptionally meritorious service while serving with the 32nd Air Defense Command, during the period May 1976 to November 1978. 4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany from 3 May 1976 through 30 November 1978 and he was assigned to Battery D, 5th Battalion, 6th Air Defense Artillery Brigade [32nd Air Defense Command]. However, this form does not show award of the ARCOM. 5. On 1 December 1978, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 11 months, and 27 days of net active service and he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. He provided a letter from the National Personnel Records Center, dated 23 September 2016 that shows the agency was unable to verify his entitlement to the ARCOM. 7. His records are void of orders awarding him the ARCOM. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 contends he was awarded the ARCOM and this award is not shown on his DD Form 214. 2. The applicant's records are void of a recommendation for or orders awarding him the ARCOM. However, he did provided a copy of his ARCOM Certificate, which states the award was for exceptionally meritorious service while serving with the 32nd Air Defense Command, during the period May 1976 to November 1978. His records show he was assigned to Battery D, 5th Battalion, 6th Air Defense Artillery Brigade from 3 May 1976 through 30 November 1978. This unit was part of the 32nd Air Defense Command. The period on the certificate matches the period of his assignment. 3. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2