IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230001641 APPLICANT REQUESTS: award of the Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 21 November 2022 * Certificate of Achievement, B Company, 2D Supply and Transport Battalion, 2D Infantry Division, undated 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 is requesting the ARCOM because during Team Spirit 1982, South Korea, he was assigned as a truck driver supporting the 2nd Infantry Division and the 7th Division. He was awarded a certificate which read "For exceptionally commendable service during Team Spirit 1982. 3. The applicant provided copies of: a. His application with a self-authored statement. b. A Certificate of Achievement issued by the Commanding Officer, 2D Supply and Transport Battalion, 2nd Infantry Division. This citation on this certificate reads, "For exceptionally commendable service during Team Spirit 1982 as a Wheeled Vehicl Operator for Bravo Company, 2D Transport Battalion, 2D Infantry Division. [Applicant] performed all of his tasks in a timely manner. The untiring effort displayed by [Applicant] during this exercise resulted in the Forward Area Support Team's ability to supply the 2D and 7th Division's personnel and logistical transportation requirements around the clock and at a moment's notice. [Applicant's] outstanding performance of duty is in keeping with the finest traditions of the military service and reflects great credit upon himself, the 2D Infantry Division, and the United States Army." 4. A review of the applicant's available records shows: a. On 5 May 1981, he enlisted in the Regular Army for 3 years. He completed Basic Combat Training, he completed Advanced Individual Training, and he we awarded military occupational specialty 64C (Motor Transport Operator). b. On 3 October 1981, following AIT, he was assigned to B Company, 2D Supply and Transport Battalion, 2D Infantry Division, South Korea, and he served in the duty of Vehicle Driver. c. On 15 October 1982, he was enroute to the Continental United States. d. His DA Form 2-1 shows in: (1) Item 9 (Awards, Decorations, and Campaigns) – * Army Service Ribbon * Overseas Service Ribbon (2) Item 15 (Current and Previous Assignments) – he served in Korea from 3 October 1981 to 15 October 1982. e. On 28 January 1983, he was discharged. His DD Form 214 issued at that time shows he was awarded or authorized: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and hand grenade bar * Army Service Ribbon * Overseas Service Ribbon * Safety Award f. On 26 September 2019, he was issued a DD Form 215 (Correction to DD Form 214) which added the award Korea Defense Service Medal and the Driver and Mechanic Badge with Driver "W" Bar to his DD Form 214. g. On 11 January 2023, his DD Form 214 was reissued by reason of Secretarial Authority, voiding his previously issued DD Form 214 and DD Form 215. It shows he was awarded or authorized: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and hand grenade bar * Army Service Ribbon * Overseas Service Ribbon * Safety Award * Korea Defense Service Medal * Driver and Mechanic Badge with Driver "W" Bar 5. His record is void of chain of command recommendations for the award and/or orders awarding him the ARCOM. 6. By regulation (AR 600-8-22), the Army Commendation Medal 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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 applicants petition and available military records the Board determined the record is absent sufficient evidence showing any recommendations or orders for an Army Commendation Medal. The Board concluded 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. Based on this the Board denied relief. 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, U.S. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Commendation Medal 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 may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, a completed DA Form 638 (Recommendation for Award), is required. The DA Form 638 should clearly identify the unit, the period of assignment, and the recommended award. A narrative of the actions or period of the award recognition requested must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events related to the request are the best persons to provide corroborating evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001641 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1