BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090009475 


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 that an Army Commendation Medal he received after his release from active duty be entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 April 1988.

2.  The applicant states that due to his early release the award was not entered on his DD Form 214.

3.  The applicant provides a copy of a certificate for the Army Commendation Medal in support of his application.

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 military personnel records show he enlisted in the Regular Army on 13 August 1982 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 13B (Cannon Crewmember).

3.  On 9 December 1986, the applicant was assigned to Battery A, 3rd Battalion, 3rd Field Artillery, 2nd Armored Division, at Fort Hood, TX.

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Commendation Medal.

5.  On 27 April 1988, the applicant was released from active by reason of reduction in authorized strength - FY88 Early Transition Program.  He had completed 5 years, 8 months, and 15 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Army Commendation Medal.

6.  There are no orders in the applicant's military service records awarding him the Army Commendation Medal.

7.  The Army Commendation Medal Certificate submitted by the applicant indicates he was awarded the Army Commendation Medal for exceptionally meritorious service from 10 November 1986 through 27 April 1988 with Battery A, 3rd Battalion, 3rd Field Artillery, 2nd Armored Division.  

8.  Army Regulation 600-8-22 (Military Awards) 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 provided a certificate for award of the Army Commendation; however, no orders are available.  Approval through the chain of command and announcement in orders are required for award of the Army Commendation Medal.

2.  In view of the above, there is insufficient evidence to add the Army Commendation Medal to the applicant's DD Form 214.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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)                                         AR20090009475



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009475



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1