IN THE CASE OF:  

		BOARD DATE:  27 August 2020

		DOCKET NUMBER:  AR20190014097


APPLICANT REQUESTS:  correction of his record to show he was awarded the Army 
Commendation Medal (ARCOM) with one Oak Leaf Cluster.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	General Orders Number 4940, dated 19 December 1967
*	National Personnel Records Center letter, dated 27 September 2019

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 he believes his ARCOM deserves the Oak Leaf Cluster due to 
receiving his first ARCOM in November 1967 while in country.  He included his official 
orders for his first ARCOM.  The oak leaf cluster accompanies the second ARCOM.   

3.  A review of the applicant’s record shows:

a.	On 8 February 1967, he was inducted into the Regular Army.  

b.	On 19 December 1967, he received an ARCOM for heroism.

c.	His DA Form 20 (Enlisted Qualification Record) under item 41 (Awards and 
Decorations) shows he received an ARCOM for heroism.

d.	His DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), dated 27 December 1968, shows in item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or 
Authorized) award of the ARCOM (abbreviated as "ACM" on the DD Form 214).

4.  The applicant provides a letter from the National Personnel Records Center, dated 
27 September 2019, which states no record had been found to show that he was 
authorized the ARCOM with Oak Leaf Cluster and referred him to the ABCMR if he felt 
there was an error or an injustice.  

5.  See REFERENCES below.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board found insufficient evidence in the available records to conclude that the 
applicant was twice awarded the ARCOM.  In the absence of orders or other military 
records confirming the applicant's claim to have received two awards of the ARCOM, 
the Board determined there is an insufficient basis for making the correction he seeks.

3.  The Board concurred with the corrections described in Administrative Note(s) below.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

Other than the correction described in Administrative Note(s) below, the Board 
determined 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 
otherwise 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.


ADMINISTRATIVE NOTE(S):

1.  Reference the enclosed request for correction of military records, correct the 
applicant's DD Form 214 for the period ending 27 December 1968 by:

*	Deleting "ACM"
*	Adding "Army Commendation Medal with “V” Device"

2.  The following documents are sufficient to justify correction of the DD Form 214 
without action by the Board.

*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) 
*	DA Form 20 (Personnel Qualification Record)
*	General Orders Number 4940 

3.  Correct the applicant’s DD Form 214 to add the award shown in paragraph 1 above.  
Provide the applicant with a copy of the corrections and the medal and citation, as 
applicable.  Please record the corrections in the applicant’s official military personnel 
record. 


REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 672-5-1 (Military Awards) states the Army Commendation Medal 
may be awarded for heroism, meritorious achievement, or meritorious service by any 
commander or Head of a Department of the Army staff agency in the grade or position 
of a brigadier general or higher, to members of the US Army below the grade of 
brigadier general under their command or staff jurisdiction.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.  An Oak Leaf Cluster is worn on the Army 
Commendation Medal to denote a second award.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190014097


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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