ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 April 2020

	DOCKET NUMBER:  AR20190005532


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show award of the Army Commendation Medal 
(ARCOM).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 2 March 2019
*	DD Form 214 
*	ARCOM Certificate, dated 14 November 1979
*	Honorable Discharge Certificate, dated 17 November 1982

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 (ABCMR) 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 the ARCOM was not added to his DD Form 214.  

3.  The applicant enlisted in the Regular Army on 27 December 1976.  

4.  He served in Germany from 26 August 1977 to 15 November 1979.  While in 
Germany, he was assigned to Battery A and Battery C, 1st Battalion, 80th Field Artillery, 
during the period 26 August 1977 to 2 November 1978.  He was assigned to the U.S. 
Army Military Community Activity from 3 November 1978 until his departure from 
Germany on 15 November 1979.

5.  Block 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel 
Qualification Record – Part II) does not list award of the ARCOM. 

6.  On 6 December 1979, he was honorably released from active duty and transferred to 
the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 does not 
show award of the ARCOM.  ?
7.  He provided a copy of his ARCOM Certificate awarding him the ARCOM for 
meritorious service during the period November 1978 to November 1979 while serving 
in Germany.  These dates coincide with the applicant's service in Germany.  
8.  His records are void of orders awarding him the ARCOM.

9.  Award of the ARCOM requires a formal recommendation, approval through the chain 
of command, and approval in orders.  

BOARD DISCUSSION:

After review of the application and supporting documents, the Board determined there is 
sufficient evidence to grant relief.  The applicant’s contentions, his military record, and 
regulatory guidance were carefully considered.  The governing regulation provides that 
at separation the service member’s record will be used to enter accurate information 
when completing their DD Form 214.  The Board considered the applicant’s record of 
service, units of assignment and the certificate he provided.  Based on a preponderance 
of evidence, the Board determined that the evidence presented is sufficient for award of 
the Army Commendation Medal.?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XXX	:XXX	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 
the Army records of the individual concerned be corrected by amending his DD Form 
214 for the period ending 6 December 1979 by awarding him the Army Commendation 
Medal.
	  
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 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 
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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190005532
	
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