IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080002473
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 he received 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 left off his DD Form 214 due to a clerical error.
3. The applicant provides 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 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 enlisted in the Regular Army on 17 July 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 94B (Cook).
3. The applicant arrived in Vietnam and was assigned to Service Battery, 2d Battalion, 35th Artillery, Vietnam on 25 February 1969. He departed Vietnam on 19 February 1970.
4. The applicant was released from active duty on 22 February 1970. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal.
5. The applicants records do not contain Army Commendation Medal orders. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Army Commendation Medal.
6. 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.
7. 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. Unfortunately, no Army Commendation Medal orders are filed in the applicants records, and he did not provide a copy of those orders with his application. Therefore, there is no basis that would warrant adding this award to his DD Form 214.
2. While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicants right to pursue his claim for the Army Commendation Medal 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
___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.
_________xxxx__________
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) AR20080002473
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ABCMR Record of Proceedings (cont) AR20080002473
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