IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011388 


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 a Certificate of Appreciation.

2.  The applicant states, in effect, that his Certificate of Appreciation for his service during the Korean War should be added to his DD Form 214. 

3.  The applicant provides:

* his DD Form 214
* a Certificate of Appreciation 

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 enlisted in the Regular Army on 7 October 1954.  He successfully completed training and was awarded military occupational specialty 140.00 (Field Artillery Basic).

3.  On 5 October 1956, he was honorably separated from active duty.

4.  The applicant's DD Form 214 shows award of the Army Good Conduct Medal.

5.  The applicant provides a Certificate of Appreciation signed by the Secretary of Defense.

6.  Army Regulation 635-5 (Separation Documents), in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Army Regulation     600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, trophies, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add a Certificate of Appreciation to his DD Form 214 was carefully considered and it was determined there is insufficient evidence to support his request.

2.  In accordance with Army regulations, Certificates of Appreciation are not listed on the DD Form 214.  Therefore, there is no basis for adding his Certificate of Appreciation to his DD Form 214.

3.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his 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 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)                                         AR20120011388





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ABCMR Record of Proceedings (cont)                                         AR20120011388



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