IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080000979 


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 his records be corrected to show he was awarded the Army Commendation Medal.

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal for meritorious service while serving in the Republic of Vietnam during the period July 1968 to August 1969, but it is not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He further states that he recently found a copy of the award citation while settling his father's estate.

3.  The applicant provides copies of an award citation, a picture of a medal, and a Veterans Affairs Patient Data Card as additional documentary evidence in support of this application.

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's record shows that he was inducted into the Army of the United States on 10 January 1968.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 63C (Track Vehicle Mechanic).  The highest rank he attained while serving on active duty was the grade of specialist five (SP5)/pay grade E-5.  The applicant served a tour of duty in the Republic of Vietnam during the period 23 July 1968 through 15 August 1969.  The applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Annual Training) effective 16 August 1969.

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 
214 does not show award of the Army Commendation Medal.

5.  There are no indications in the applicant's service personnel records which show that he was awarded the Army Commendation Medal.

6.  The applicant provides a copy of a citation awarding him the Army Commendation Medal for exceptional meritorious service in the Republic of Vietnam during the period July 1968 to August 1969.  The citation is void of letterhead and appears to have been printed on plain bond paper.  The citation is undated, unsigned, and makes no mention of the applicant's unit of assignment.

7.  The applicant also provides a photocopy of an Army Commendation Medal.

8.  The applicant provides a photocopy of a Veterans Affairs Patient Data Card depicting his name, address, and social security number.

9.  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.

10.  Title 10 of the United States Code, section 1130 (10 U.S.C. 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 contention that his records should be corrected to show he was awarded the Army Commendation Medal was carefully considered.

2.  Although the applicant provides a copy of an award citation, the applicant's record is void of a recommendation for award of the Army Commendation Medal; there are no general orders that show the applicant was awarded the Army Commendation Medal; and the applicant did not provide evidence that shows he distinguished himself by heroism, meritorious achievement, or meritorious service.

3.  In the absence of further corroborating evidence, there is insufficient evidence to award the Army Commendation Medal in this case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

5.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant's right to pursue his claim for those awards by submitting a request through his Member of Congress under the provisions of 10 U.S.C. 1130.

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)                                         AR20080000979



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ABCMR Record of Proceedings (cont)                                         AR20080000979



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