IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080000432
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) with the period ending
16 November 1971 to show award of the Army Commendation Medal.
2. The applicant states, in effect, that he received the above award several months after his separation from active duty and that the award should be added to his DD Form 214.
3. The applicant provides his DD Form 214; and an Army Commendation Medal certificate, dated 2 December 1971.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted on 16 March 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 01C (Mechanical Engineering Assistant).
3. On 16 November 1971, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) after completing 1 year, 8 months, and 1 day of creditable active service.
4. The applicant's DD Form 214 with the period ending 16 November 1971 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal (1st Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. The applicant provided an Army Commendation Medal certificate, dated
2 December 1971, that shows he was awarded the Army Commendation Medal for meritorious service during the period June 1970 through November 1971.
6. There are no general orders in the applicants service personnel records that show he was awarded the Army Commendation Medal. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be 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, distinguished 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:
The applicant provided a certificate that shows he was awarded the Army Achievement Medal. However, there are no orders in the available records that verify the approving authority awarded the applicant the Army Commendation Medal. Unfortunately, the certificate by itself provided by the applicant is insufficient evidence to show he was awarded the Army Commendation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx __ __xx ___ __xx ___ 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.
_ xxxxxxxxxxxxx ____
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) AR20080000432
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