IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080000955 


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 that the Army Commendation Medal be added to     his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the Army Commendation Medal was sent to him two or three months after he left the Army.

3.  The applicant provides a copy of his 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.  The applicant was inducted into the Army on 18 March 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 12B (Combat Engineer).

3.  The applicant arrived in Vietnam and was assigned to the 87th Engineer Company, 199th Infantry Brigade, on 6 September 1968.  He departed Vietnam on 22 October 1969.

4.  The applicant was honorably released from active duty on 25 October 1969, in the rank and grade of Specialist Five, E-5, after completing 1 year, 7 months, and 8 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge (M-14), the Expert Marksmanship Qualification Badge (M-16), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), and two overseas service bars.

5.  The applicant’s records do not contain Army Commendation Medal orders.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) do not show he was awarded the Army Commendation Medal.  

6.  The U. S. Army Human Resources Command’s Awards and Decorations Computer-Assisted Retrieval System (ADCARS) is a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era.  A check of this system failed to locate Army Commendation Medal orders on the applicant.

7.  The applicant’s records contain no derogatory information.  His conduct and efficiency were rated as “excellent” throughout his service.

8.   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:

1.  The applicant contended he was sent the Army Commendation Medal after he left the Army.  Unfortunately, there are no orders available and the applicant did not provide orders to confirm that he was awarded the Army Commendation Medal.  In the absence orders, there is insufficient evidence on which to base adding this award to his DD Form 214.

2.  The available evidence is insufficient for awarding the Army Commendation Medal to the applicant, or for adding it to his DD Form 214.  However, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U. S. Code, section 1130 (that is, providing he does not have a copy of the orders).

3.  Title 10, U. S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10, U. S. Code, section 1130, the applicant must submit a DA Form 638 (Recommendation for Award), a copy of which will be provided to the applicant.  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

4.  Title 10, U. S. Code, section 1130, also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the applicant must submit his request through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __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.




 _   _______  xxxxx__________
       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)                                         AR20080000955





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ABCMR Record of Proceedings (cont)                                         AR20080000955



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