IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080008528
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 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was to receive the Army Commendation Medal while in Germany (from 1989 through 1991), but it was not included on his discharge certificate. He does not have any documentation.
3. The applicant provides two DD Forms 214, one for the period ending 21 August 1990 and one for the period ending 12 March 1991.
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 27 November 1987. He was honorably released from active duty while in Germany on 21 August 1990 and transferred to the U. S. Army Reserve.
3. The applicant was ordered to active duty on 31 January 1991. He was released from active duty on 12 March 1991.
4. Neither the applicants active duty PERMS (Personnel Electronic Records Management System) records nor his U. S. Army Reserve PERMS records contain Army Commendation Medal orders.
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.
6. 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 a 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 stated that he was to receive the Army Commendation Medal while in Germany, but it appears that he does not know if it actually was awarded.
2. There is no evidence in the available records to show that the applicant was awarded the Army Commendation Medal; therefore, there is insufficient evidence on which to base adding it to his DD Form 214.
3. While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, and thus adding it to his DD Form 214, 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 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) AR20080008528
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