ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:  4 April 2019

	DOCKET NUMBER:  AR20170015023


APPLICANT REQUESTS: update his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Army Commendation Medal (ARCOM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* ARCOM citation and certificate

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, in effect, please add to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the citation for the ARCOM.  The ARCOM certificate is dated three days after the date of his discharge from active duty, so he presumes its omission from his DD Form 214 is an oversight.  

3.  The applicant:

* was inducted 12 October 1966 
* was honorably discharged on 11 October 1968, according to his DD Form 214

4.  The applicant provides copies of an ARCOM certificate without a general order number and a copy of an ARCOM citation. 

5.  The applicant’s record is void of documentation showing he was awarded the ARCOM.  

6.  Army Regulation 600-8-22 (Military Awards) states, the ARCOM is awarded to those who distinguish themselves by heroism, meritorious achievement, or meritorious service.  Award of the ARCOM is done through military orders and a certificate.  If the Board does not believe there is enough evidence to award the applicant the ARCOM, the applicant has the right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined that adding the Army Commendation Medal to the applicant’s DD 214 was appropriate.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 Army records of the individual concerned be corrected by amending his DD Form 214 by adding his Army Commendation Medal to his DD Form 214.
	 
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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The ARCOM is awarded to any Service 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 of the ARCOM is done through military orders and a certificate.  

3.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides:

	a.  The legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	b.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.





ABCMR Record of Proceedings (cont)	 AR20170015023
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