BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140014768 


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 a certificate of achievement (COA) for meritorious performance of duty that he received for the period of 14 October 1966 to 13 October 1967.

2.  The applicant states the certificate was not listed on his DD Form 214 and was overlooked.

3.  The applicant provides:

* a copy of his COA
* North Carolina Department of Administration letter, dated 13 August 2014
* DD Form 214

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.  On 21 April 1966, the applicant was inducted in the Army of the United States. He completed basic training and held military occupational specialty 94B (Food Service Specialist).  He served in various positions and attained the rank/grade of specialist five/E-5.

3.  On 26 April 1968, he was honorably released from active duty at the completion of his required active service.

4.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal 
* Republic of Vietnam (RVN) Service Medal
* RVN Campaign Medal with 1960 Device 
* One Overseas Service Bar 

5.  He submitted a copy of a COA issued by Headquarters, 18th Engineer Brigade that shows he was recognized for meritorious performance of duty in support of military engineering operations in the RVN.

6.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of COA's.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (COA) or a COA of local design.  COA's will be issued under such regulations as the local commander may prescribe.  If a locally-designed COA is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a COA.  Copies of COA's or memoranda of record stating that a COA has been awarded and citing the service recognized will be distributed to the official military personnel file (OMPF).

DISCUSSION AND CONCLUSIONS:

As the regulation states, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a COA or a COA of local design.  Although copies of COA or memoranda of record stating that a COA has been awarded are filed in the OMPF, there is no distinguishing device authorized for wear to indicate receipt of a COA and there is no provision to list a COA on the DD Form 214.

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)                                         AR20100012237



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ABCMR Record of Proceedings (cont)                                         AR20140014768



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