RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 MAY 2005
DOCKET NUMBER: AR20040005593
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Ms. Diane Armstrong | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his 1978 separation document be corrected
to reflect award of the Army Commendation Medal.
2. The applicant states that the award certificate was mailed to him after
he departed Europe and that it was omitted from his separation document
3. The applicant provides a copy of his Army Commendation Medal
certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1978. The application submitted in this case
is dated
3 August 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant entered
active duty on 6 May 1976. In January 1977, following a brief assignment
at Fort Gordon, Georgia, the applicant was assigned to the 11th Air Defense
Signal Battalion in Germany. The battalion was part of the 32nd Army Air
Defense Command. He departed Germany in December 1978 and on 4 December
1978 was released from active duty with an honorable characterization of
service. His separation document reflects entitlement to the National
Defense Service Medal, the Parachutist Badge, and qualification as an
expert with the M-16 rifle. It does not reflect entitlement to an Army
Commendation Medal.
4. The award certificate, provided by the applicant in support of his
request, indicates that he was awarded an Army Commendation Medal for
meritorious service during the period January 1977 to December 1978. The
certificate, issued on 5 December 1978, was authenticated by Major General
Charles F. Means, commander of the 32nd Army Air Defense Command, and
reflected the imprinted signature of Clifford L. Alexander, Jr., who was
Secretary of the Army between February 1977 and January 1981. The
applicant’s file does not contain any orders confirming his award of the
Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
The Board notes that there are no orders in the applicant's available
records awarding him the Army Commendation Medal, however, his award
certificate was signed by the appropriate commander and reflects the
imprinted signature of the appropriate Secretary of the Army. The period
of service covered by the award coincides with the applicant's dates of
service in Germany. The fact that the certificate was issued after the
applicant was released from the Army could explain the absence of the award
on his separation document. In the absence of orders, or evidence to the
contrary, the Board accepts the applicant’s award certificate as
authentication of entitlement to the Army Commendation Medal and in the
interest of justice concludes it would be appropriate to add the award to
his separation document.
BOARD VOTE:
___SP __ ___PM __ ___DA __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Army Commendation
Medal.
_____Shirley L. Powell_______
CHAIRPERSON
INDEX
|CASE ID |AR20040005593 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050503 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 040005122C070208
Diane Armstrong | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the absence orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Air Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 04105356C070208
The applicant requests, in effect, that his 1991 separation document be corrected to show that he was awarded the Combat Infantryman Badge, an Army Commendation Medal, the Army Achievement Medal, and the Southwest Asia Service Medal. The fact that he received an RE Code of 1 at the time of his separation, further supports the conclusion that he had not been reduced from pay grade E-4 to E-3 prior to his separation. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2005 | 20050001162C070206
The applicant requests correction of his records to show award of the Army Commendation Medal. The period of service covered by the award coincides with the applicant's dates of service at Fort Hood. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by confirming his award of the Army Commendation Medal; b. by awarding him the Army Good Conduct Medal; and c. by showing that he is entitled to the Korea Defense Service Medal.
ARMY | BCMR | CY2005 | 20050001162C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 SEPTEMBER 2005 DOCKET NUMBER: AR20050001162 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a....
ARMY | BCMR | CY2004 | 04100858C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his records be corrected to show award of two Army Achievement Medals. In the absence orders, or evidence to the contrary, the Board accepts the applicant’s award certificates as authentication of entitlement to two Army Achievement Medals and in the interest of justice concludes it would be appropriate to add the awards to his separation document.
ARMY | BCMR | CY2004 | 20040002551C070208
The award certificate, provided by the applicant in support of his request, indicates that he was awarded an Army Commendation Medal for meritorious service during the period December 1969 to November 1970. In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document. As...
ARMY | BCMR | CY2004 | 20040007183C070208
Although a separate order would have been required to confirm the applicant’s initial award of the Army Achievement Medal, his second award should have had the order number reflected on his award certificate. While there is no order in the applicant's available records awarding him his initial Army Achievement Medal, and the order number was omitted from his second award certificate, both certificates are signed by an appropriate award authority, reflect the imprinted signature of...
ARMY | BCMR | CY2004 | 040008025C070208
The applicant’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded a Bronze Star Medal and that he is entitled to the...
ARMY | BCMR | CY2005 | 20050006394C070206
The applicant states he was never presented the Purple Heart for wounds received in action. The medical records provided by the applicant are primarily from Department of Veterans Affairs or civilian physician completed after the applicant was discharged from active duty in 1978. Such evidence support a conclusion that in the absence of more compelling medical evidence there is no basis to award the applicant the Purple Heart.
ARMY | BCMR | CY2006 | 20060006175C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 JANUARY 2007 DOCKET NUMBER: AR20060006175 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests award of the Bronze Star Medal (BSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: a. by showing he was awarded...