IN THE CASE OF: 

		BOARD DATE: 4 January 2023

		DOCKET NUMBER: AR20220006380


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

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 638 (Recommendation for Award)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 did not receive the award until after he separated 
from the service. 

3.  The applicant provides:  

   a.	DA Form 638, dated 22 June 2021, which shows he was recommended for an 
ARCOM, and the period of the award shows from 7 November 2017 to 28 June 2021.  
Item 12a (Indicate Reason) states “ETS,” expiration term of service.  The form 
contained the signatures belonging to the recommender, the company commander, and 
the battalion commander.  Although item 26c (Approval Authority, date) contains a date, 
it does not contain the signature of the brigade commander, who is the Orders Issuing 
Authority.  In addition, Part V (Orders Data) lacks the necessary data in the following 
items:

*	Item 27b (Permanent Order No.)
*	Item 28d (Signature)
*	Item 30 (Date) 

   b.	DD Form 214 reflects honorably released from active duty and transferred to the 
U.S. Army Reserve (USAR) Control Group on 27 August 2021, under the provisions of 
Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), 
chapter 4, completion of required active service.  In addition, item 13 (Decorations, 
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects the 
following:

*	Army Achievement Medal (3rd Award)
*	Army Good Conduct Medal
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Korea Defense Service Medal
*	Noncommissioned Officer Professional Development Ribbon (2nd Award)
*	Army Service Ribbon (2nd Award)
*	Sharpshooter Marksmanship Badge w/Carbine Bar

4.  A review of the applicant’s service record shows:

   a.	He enlisted in the Regular Army on 6 February 2017 for a period of 4 years and 
29 weeks.
   
   b.	He was honorably released from active duty and transferred to the USAR Control 
Group on 27 August 2021 under the provisions of AR 635-200, chapter 4.

5.  Army Regulation (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  The goal 
of the total Army awards program is to foster mission accomplishment by recognizing 
excellence of both military and civilian members of the force and motivating them to 
high levels of performance and service.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted. The Board carefully considered the applicant's record of service, 
documents submitted in support of the petition and executed a comprehensive and 
standard review based on law, policy and regulation.  Upon review of the applicant’s 
petition and available military records, the Board determined the applicant’s record is 
absent sufficient evidence showing s properly signed DA form 638 recommendations or 
orders for an Army Commendation Medal for ETS,” expiration term of service.  
Thereafter, the burden of proof rests with the individual concerned to provide evidence 
of a clear and convincing nature with documentation to support the applicant’s request 
for the award.  The Board determined there is insufficient evidence to grant the 
applicant’s request.  


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 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 (AR) 600-8-22 (Military Awards), prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  

   a.	Paragraph 3-19b states, the ARCOM is awarded to any Servicemember 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. 

   b.	Paragraph 3-21a states, a DA Form 638 will be used to initiate, process, and 
approve award recommendations of all U.S. Army individual decorations, to include 
valor and heroism decorations.

   c.	Paragraph 3-22 states, the steps for preparing and processing awards using 
electronic DA Form 638 are in table 3-6.  The following steps, in regard to award 
approval authority and personnel office, are as follows:

      (1)	Step 23 (Award Approval authority) prescribes, final award approval 
authority will complete block 26.  If award is approved, downgraded to a lesser award, 
or upgraded, forward the DA Form 638 to orders issuing authority (personnel office) for 
completion of part V – orders data.  

      (2)	Step 25 (Personnel Office) prescribes, if award is approved, downgraded, or 
upgraded, prepare part V, orders data to include issuing headquarters block, permanent 
order (PO) number, date, and approved award (PO number and date should match the 
date of the approval authority’s approval as indicated in block 26c). 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006380


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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