DOCKET NUMBER:  AR20090001937 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.

2.  The applicant states that the Army Commendation Medal was left off his DD Form 214 due to an administrative error.

3.  The applicant provides a copy of his DD Form 214, dated 16 June 1971, and a copy of a certificate, dated 9 June 1971, showing award of the Army Commendation Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 1 June 1969.  He subsequently entered active duty on 3 August 1969 and completed the Officer Basic Course.  He served in various staff and leadership positions and was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 16 June 1971.

3.  The applicant’s records show that he served in Germany from on or about 28 October 1969 to on or about 10 June 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal.  Item 24 does not show award of the Army Commendation Medal.

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Army Commendation Medal.

6.  The applicant's records do not contain general orders showing he was awarded the Army Commendation Medal.

7.  The applicant submitted a copy of a certificate, dated 9 June 1971, that shows he was awarded the Army Commendation Medal for meritorious service from October 1969 to July 1971.

8.  Army Regulation 600-8-22 provides that 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, distinguished 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.

2.  There is no evidence in the available records of award of the Army Commendation Medal other than the certificate submitted by the applicant.  Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.
BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________x______________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090001937



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ABCMR Record of Proceedings (cont)                                         AR20090001937



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