ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 June 2019

	DOCKET NUMBER:  AR20170012756


APPLICANT REQUESTS:  correction to his military records to add his Army Commendation Medal (ARCOM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Notification of Army Commendation (ARCOM) Award Ceremony from Headquarters Pennsylvania Military District, not dated
* Copy of envelope from the Department of the Army
* Personnel Roster
* National Archives and Records Administration (NARA) transmittal letter with applicant’s service information annotated

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that he was presented the ARCOM after he was discharged from service and never received it, nor was it annotated in his military records.  He states that he recently found a letter during his move to show that it was awarded but, it was shuffled in his paperwork.

3.  The applicant provides the following:

	a.  Notification letter on presenting the army commendation ribbon with metal pendant  from Brigadier General TLF, not dated, on stationary from Headquarters Pennsylvania Military District.  The applicant states that he sent the letter to show proof that he is authorized the award.  The letter addresses a question of presentation for the applicant.

	b. Envelope listing a return address from the Department of the Army with a stamp date of 24 December 1953.

4.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the NPRC has provided a reconstructed record which provides the following documents to address the applicant's request:

5.  Transmittal letter from NARA is a summary of the applicant’s service showing that his service information and a statement that the record is fire-related record.  DD
Form 214 is void in applicant’s service records.  NARA confirmed the applicant’s service as honorable and service dates of 17 October 1951 to September 5, 1953.

6.  By regulation, the Army Commendation Medal is awarded for heroism, meritorious achievement or meritorious service.  Award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in permanent orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found there was no separation document provided by the applicant in which the Board can verify whether or not the requested relief is shown there.  The Board determined there is insufficient evidence to grant relief.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	 

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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal (ARCOM is 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. Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the United States.  Awards of the ARCOM may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal.  These acts may involve aerial flight.  It may be awarded for acts of noncombatant-related heroism which does not meet the requirements for an award of the Soldier’s Medal.

3.  Army Regulation 15-185 (ABCMR) states the ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

ABCMR Record of Proceedings (cont)	 AR20170012756


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