IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080011641
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal and the Meritorious Service Medal.
2. The applicant states, in effect, that he received the Army Commendation Medal, the Meritorious Service Medal, and numerous letters of commendation while stationed in Germany in 1978/1979.
3. The applicant provides no additional evidence 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. The applicant enlisted on 8 December 1975 and trained as an infantryman and administrative specialist. On 7 December 1979, he was released from active duty.
3. The applicants DD Form 214 does not show the Army Commendation Medal or the Meritorious Service Medal as authorized awards.
4. There are no orders for the Army Commendation Medal or the Meritorious Service Medal in the available records.
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. Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. This regulation provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant was awarded the Army Commendation Medal. Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal in this case.
2. There is no evidence of record which shows the applicant was awarded the Meritorious Service Medal. Therefore, there is insufficient evidence on which to base award of the Meritorious Service Medal in this case.
3. The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20080011641
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011641
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002074202C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...
ARMY | BCMR | CY2009 | 20090014358
The applicant's military service records are not available to the Board for review. There are no orders or other evidence in the applicant's available military service records that show he was awarded an individual decoration. c. Paragraph 3-18 governs award of the Army Achievement Medal and states that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.
ARMY | BCMR | CY2011 | 20110013170
Army regulations require orders for the issuance of awards and decorations. Without orders, the ARCOM Certificate provided by the applicant is insufficient evidence to add the award to his DD Form 214. Army regulations prohibit the listing of certificates of achievement, letters of appreciation, and similar documents on the DD Form 214.
ARMY | BCMR | CY2009 | 20090007741
The applicant requests, in effect, that his Regular Army (RA) DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show: a. he completed the Wire System Installer Course on 7 May 1989; b. he completed the Vehicle Inspection Course on 30 October 1981; c. he completed the English as a Second Language (ESL) Course on 6 August 1979; d. he completed Air Assault School; e. award of the Army Commendation Medal; and f. he earned certificates and letters of commendation...
ARMY | BCMR | CY2010 | 20100023152
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of: * the Army Commendation Medal (ARCOM) * the Army Achievement Medal (AAM) * a Certificate of Achievement 2. The applicant states he received these awards when he was on active duty and they are not recorded on his DD Form 214. Army Regulation 600-8-22 states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while...
ARMY | BCMR | CY2008 | 20080012803
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Army Achievement Medal, the Presidential Unit Citation, and various certificates. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends...
ARMY | BCMR | CY2014 | 20140011745
Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Commendation Medal and there are no orders in his official military records authorizing him award of this medal. Therefore, it would be appropriate at this time to award him this medal for the period 9 January 1969 through 13 October 1971 and to correct his DD Form 214 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130003771
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Good Conduct Medal (AGCM) (second award), Army Commendation Medal (ARCOM) with four oak leaf clusters (OLCs), Army Achievement Medal (AAM) with four OLCs, Italian Parachutist Badge, and completion of the psychological operations specialist course and Basic Haitian Creole course. The applicant states that his DD Form 214 does not properly reflect his...
ARMY | BCMR | CY2009 | 20090004434
The applicant requests award of the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, and the Air Assault Badge. The applicant's DD Form 214 for the period ending 29 October 1983 does not show the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Achievement Medal, the Expert Infantryman Badge, or the Air Assault Badge as authorized awards. _______ _...
ARMY | BCMR | CY2009 | 20090010925
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his highest level of education/training, award of the Army Commendation Medal, and that he was promoted to specialist five (SP5)/pay grade E-5. Therefore, it would be appropriate to correct his DD Form 214 to show this award.