IN THE CASE OF: BOARD DATE: 24 August 2021 DOCKET NUMBER: AR20210006458 APPLICANT REQUESTS: correction of his military records to reflect that he was awarded the Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored affidavit * Sattahip Detachment, Special Troops, U.S. Army Support, Thailand Unit Orders Number 13 * Headquarters (HQs), Sattahip Area Detachment Special Troops, Letter of Commendation, dated 8 April 1969 * endorsement to HQs, Sattahip Area Detachment Special Troops, Letter of Commendation, dated 2 May 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) service ending 25 June 1969 * DA Form 1577 (Authorization for Issuance of Awards) 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 in effect, he requests that his service record be corrected to reflect that he was awarded the Army Commendation Medal. He was advised by Captain (CPT) A- that he as recommended for the Army Commendation Medal and it had been approved. CPT A and First Lieutenant (1LT) A- the Special Service Officer told him that he would receive the orders for his award prior to his Date Estimated Return from Overseas (DEROS). The applicant never received official notification that he was awarded the Army Commendation Medal, nor was it on his DD Form 214. 3. A review of the applicant's service records shows: a. The applicant enlisted in the Regular Army (RA) on 25 September 1967. He held the military occupational specialty 03C (Physical Accounting Specialist). b. DA Form 20 (Enlisted Personnel Qualification Record) shows that he served in U.S. Army Pacific – Thailand for the period of 1 September 1968 through 24 June 1969. c. The applicant was honorably released from active duty on 25 June 1969. DD Form 214 shows the applicant completed 1-year, 9-months, and 1-days of active service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded: * Vietnam Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal * National Defense Service Medal 4. The applicant provides: a. Sattahip Detachment, Special Troops U.S. Army Support, Thailand Unit Order Number 13, dated 10 March 1969, shows that the applicant was appointed to the temporary grade of sergeant (SGT)/E-5. b. HQs, Sattahip Area Detachment Letter of Commendation, dated 8 April 1969, the applicant was recognized for his superior performance and unfeigned devotion to duty for his contributions to his country while serving in a combat support zone. c. Endorsement, dated 2 May 1969, to HQs, Sattahip Area Detachment Letter of Commendation that stated it was with pleasure and gratitude that the commander read the letter that commended the applicant's outstanding performance of duty. d. DA Form 1577 that shows that the applicant was awarded and authorized the following: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Ribbon with 1960 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Regulatory guidance provides there is no automatic entitlement to an award upon departure either from an assignment or from the service. While the available evidence is insufficient for awarding the applicant an ARCOM, this in no way affects his 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 VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, states the Army Commendation Medal 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, shall have distinguished himself by heroism, meritorious achievement or meritorious service. Announcement must be made in orders. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. Paragraph 53 (Item 24), enter from item 21, DA Form 66 (Officer Qualification Record), or section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006458 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1