IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100018513 


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, in effect, he was awarded the Army Commendation Medal, but it is not listed on his DD Form 214.

3.  The applicant provides an Army Commendation Medal Citation.

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 inducted into the Army of the United States on 16 August 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 March 1967 to 4 March 1968 while assigned to the 2nd Battalion, 28th Infantry, 1st Infantry Division.

3.  On 15 August 1968, he was honorably released from active duty in the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed a total of 2 years of active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, and Combat Infantryman Badge.

5.  There are no orders in his records that show he was awarded the Army Commendation Medal.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Army Commendation Medal.

7.  The applicant provides an Army Commendation Medal Citation, undated, wherein it states he was presented the Army Commendation Medal for meritorious service in support of the United States objectives in the Republic of Vietnam during the period March 1967 to February 1968.

8.  Army Regulation 600-8-22 (Military Awards) states 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records that shows the applicant was awarded the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Army Commendation Medal.

2.  Nevertheless, this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 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)                                         AR20100018513



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ABCMR Record of Proceedings (cont)                                         AR20100018513



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