IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080008365
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his award of the Army Commendation Medal.
2. The applicant states, in effect, that his DD Form 214 does not show the Army Commendation Medal but it should.
3. The applicant provides a copy of his DD Form 214 and a copy of his award certificate awarding him the Army Commendation Medal in support of his request.
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's military records show he enlisted in the Regular Army on 6 March 1987, with prior enlisted service, in pay grade E-3. He was trained as a Personnel Administration Specialist, in military occupational specialty (MOS) 75B. He was promoted to specialist (SPC)/E-4 effective 1 December 1987. He served until he was honorably discharged on 30 November 1992.
3. The applicants DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Army Achievement Medal (2nd Oak Leaf Cluster), the Army Good Conduct Medal, the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show any additional awards.
4. The applicant provides a copy of an award certificate awarding him the Army Commendation Medal, on 15 May 1991, for meritorious service for the period from 15 June 1990 to 15 May 1991, while he was assigned to Headquarters and Headquarters Company (HHC), 9th Infantry Division (Motorized). A review of his Official Military Personnel File failed to show orders for this award.
5. 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. There are no orders officially awarding the applicant the Army Commendation Medal on 15 May 1991 for the period 15 June 1990 to 15 May 1991.
2. In the absence of orders for the Army Commendation Medal, the award certificate presented by the applicant, by itself, is insufficient evidence in this case to show that he was awarded the Army Commendation Medal. Therefore, he is not entitled to correction of his records to show he was awarded the Army Commendation Medal.
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) AR20080008365
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