BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140014861 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal. 

2.  The applicant states, in effect, due to an error, the Army Commendation Medal was never added to her 1984 DD Form 214.  She recently discovered the medal could be added to her records without the orders.  She has the medal and the certificate.   

3.  The applicant provides copies of her DD Form 214 and Army Commendation Medal Certificate.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2.  The applicant enlisted in the Regular Army on 13 October 1981 for 3 years.  

3.  Orders Number 20-118, issued by Headquarters, U.S. Army Signal Center, Fort Gordon, GA, dated 1 February 1982, awarded her military occupational specialty (MOS) 05B (Radio Operator) (later redesignated as 31C).

4.  On 1 April 1983, she was promoted to pay grade E-4.  On 12 October 1984, she was honorably released from active duty and transferred to the U.S. Army Reserve.  She was credited with completing 3 years of active service.  Her DD Form 214 lists the:

* Army Achievement Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Hand Grenade and Rifle Bars

5.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* Item 9 (Awards, Decorations, and Campaigns) - all the awards listed on her DD Form 214
* Item 35 (Record of Assignments) - she was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Cavalry Division from 23 February 1982 through on or about 12 October 1984

6.  She provided a copy of a certificate, dated 31 October 1984, showing she was awarded the Army Commendation Medal for meritorious service during the period 23 February 1982 through 12 October 1984 while serving as the Company Clerk and Brigade Mail Room Orderly in HHC, 1st Brigade, 1st Cavalry Division.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal is 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.  For award of the Army Commendation Medal an individual must have distinguished himself/herself by heroism, meritorious achievement, or meritorious service.  The Board acknowledges the certificate she submitted with her application and her achievements and honorable service during her period of active duty.  However, the certificate that she provided is not sufficient evidence to correct her DD Form 214 to show she was authorized or awarded the Army Commendation Medal. 

2.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal.  Therefore, there is insufficient evidence to support granting her the requested relief.

3.  She may reapply to this Board if she can provide a copy of the orders for this award.

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)                                         AR20140014861



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ABCMR Record of Proceedings (cont)                                         AR20140014861



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