IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20070017516 


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 award of the Army Commendation Medal with “V” Device.

2.  The applicant states that he received a commendation medal for valor during his service in Southwest Asia in support of Operations Desert Shield/Storm.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 April 1993, and a statement, dated 11 October 2007, by his former supervisor, in support of his application. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Army Commendation Medal with "V" Device.

2.  Counsel states that the applicant served on active duty from 14 March 1989 to 30 April 1993 and that his duties during Operations Desert Shield/Storm entitle him to this award.

3.  Counsel did not provide any additional documentary evidence in support of the applicant's request.



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.  With prior service in the Army National Guard, the applicant's records show that he enlisted in the Regular Army for a period of 4 years on 14 March 1989.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He also executed a 4-year reenlistment on 10 June 1992.  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.  He was discharged on 30 April 1993.

3.  The applicant’s records show that he served in the Southwest Asia in support of Operations Desert Shield/Storm from 7 October 1990 to 3 April 1991. 

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Qualification Badge with Rifle Bar, the Army Good Conduct Medal, the Mechanic Badge (Wheels), the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (K), and the Kuwait Liberation Medal (SA). Item 24 does not show award of the Army Commendation Medal with “V” Device. 

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Commendation Medal with “V” Device.  

6.  The applicant’s records do not contain orders awarding him Army Commendation Medal with “V” Device.



7.  The applicant submitted a letter, dated 11 October 2007 and authored by his former supervisor, now a retired Army major.  In his letter, the applicant’s former supervisor states that the applicant was his driver from September 1989 to April 1990 and that he was a superb driver who endured many hazardous situations, spent many long hours on the road, and was deprived of much sleep.    

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the United States.  Awards of the ARCOM may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal. These acts may involve aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service in Southwest Asia in support of Operations Desert Shield/Storm is not in question.  Furthermore, the statement of support submitted by the applicant’s former supervisor is noted.  However, there is no evidence in the available record and the applicant did not provide substantiating evidence that shows he was recommended for or awarded the Army Commendation Medal with “V” Device.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required to award the applicant the Army Commendation Medal.  

2.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



							XXX
       _   _______   ___
       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)                                         AR20070017516





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ABCMR Record of Proceedings (cont)                                         AR20070017516



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