IN THE CASE OF:
BOARD DATE: 13 JANUARY 2009
DOCKET NUMBER: AR20080012501
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, reconsideration of his previous request for correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Army Commendation Medal.
2. The applicant states, through his Veterans Service Office Representative, that he was awarded the Army Commendation Medal on 13 August 1971 and that he would like to have the award included on his DD Form 214.
3. The applicant provides in support of his application, a letter from his Veterans Service Office Representative dated 26 June 2008; page 5 of the previous ABCMR decision that was made in his case; a picture of a certificate that shows he was awarded the Army Commendation Medal on 13 August 1971; a picture of a citation from the United States Army Europe and Seventh Army that shows he was awarded the Army Commendation Medal; and a picture of an Army Commendation Medal.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002023, on 17 June 2008.
2. On 19 September 1968, the applicant was inducted into the Army in Omaha, Nebraska. He enlisted in the Army for 3 years on 25 September 1968 and he successfully completed his training as a Communications Center Specialist. He was transferred to Vietnam on 14 March 1969 and he was transferred to Germany on 14 March 1970.
3. The applicant returned to the Continental United States on 27 July 1971. He was honorably released from active duty (REFRAD) on 28 July 1971 and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
4. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and two Overseas Service Bars.
5. In an application to this Board dated 10 January 2008, the applicant requested correction of his DD Form 214 to show that he was awarded the Army Commendation Medal and the Bronze Star Medal. The Board granted partial relief on the applicant's appeal by amending his DD Form 214 to show that he was awarded the Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. The applicant, through his Veterans Service Office Representative, now submits pictures of a certificate and a citation showing that he was awarded the Army Commendation Medal for meritorious service in Frankfurt, Germany, for the period May 1970 through September 1971; and a picture of what he contends to be the actual Army Commendation Medal that he was awarded.
7. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any orders on file for the applicant awarding him the Army Commendation Medal.
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
6Â 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. The applicant contends that he is entitled correction of his DD Form 214 to show that he was awarded the Army Commendation Medal.
2. The pictures that he submitted in behalf of his appeal have been noted. However, these pictures are not sufficient evidence to warrant a reversal of the Board's previous decision.
3. In accordance with the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Commendation Medal and a review of the ADCARS failed to reveal any orders on file for the applicant awarding him the Army Commendation Medal. He has failed to submit any orders showing that he was awarded the Army Commendation Medal. Therefore, this award cannot be included on his DD Form 214 at this time.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080002023, dated 17 June 2008.
_______ _ XXX _______ ___
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) AR20080012501
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