IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080005683
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 Report of Separation from Active Duty (DD Form 214) to show award of the Army Commendation Medal.
2. The applicant states that his Army Commendation Medal is not shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and his certificate for award of the Army Commendation Medal, dated 19 July 1976, in support of his 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 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. On 29 June 1972, the applicant was appointed as a second lieutenant, pay grade O-1, in the Regular Army. He completed the Infantry Officer Basic Course (IOBC), was awarded an infantry specialty of 11A, and was subsequently assigned for duty at Fort Ord, California.
3. On 7 June 1974, the applicant was promoted to First Lieutenant, pay
grade O-2.
4. On 21 March 1976, the applicant was enrolled in the Infantry Officer Advanced Course (IOAC) at Fort Benning, Georgia. While in training he was promoted to captain, pay grade O-3.
5. On 23 September 1976, the applicant completed the IOAC and was assigned for duty at Fort Bragg, North Carolina.
6. On 31 October 1978, the applicant was discharged. He had completed
6 years, 4 months, and 2 days of creditable active duty service.
7. The applicant has provided a certificate dated 19 July 1976, showing that he was awarded the Army Commendation Medal for meritorious service during the period from 27 December 1972 to 17 February 1976.
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:
There is no available evidence of record to corroborate the certificate provided by the applicant showing that he was awarded the Army Commendation Medal. Therefore, his request to correct his records to show this award should be denied. However, should the applicant have, or be able to obtain a copy of the orders awarding him the Army Commendation Medal, or other corroborating evidence, he may submit another application for consideration.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the evidence presented was sufficient to warrant recommendation for relief. The photocopy of the Army Commendation Medal award certificate appears to be creditable and consistent with the applicants service record.
2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the above award on his
DD Form 214.
_________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080005683
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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