IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080014714
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states that he received the award of the Army Commendation Medal while he was hospitalized at Fitzsimons Army Hospital in Denver, CO. He also states that he did not notice at the time that his Social Security Number was incorrectly shown on the certificate.
3. The applicant provides a copy of his DD Form 214, dated 30 July 1971; a copy of a certificate, dated 6 July 1970, showing award of the Army Commendation Medal; and a copy of a citation to accompany the award of 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 records show he was inducted into the Army of the United States on 18 March 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). He was placed on the Temporary Disability Retired List (TDRL) on 30 July 1971 in the rank/grade of specialist four (SP4)/E-4.
3. The applicant's records further show he served in the Republic of Vietnam from on or about 19 August 1969 to on or about 29 May 1970. He was assigned to A Troop, 1st Squadron, 1st Cavalry, 1st Cavalry Division.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Army Commendation Medal.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Army Commendation Medal. Furthermore, there are no General Orders in the applicant's records that show he was awarded the Army Commendation Medal.
6. 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 Army Commendation Medal orders on file for the applicant.
7. The applicant submitted a copy a certificate, dated 6 July 1970, that shows he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from 1 January 1970 to 30 April 1970. He also submitted a copy of the citation that shows he distinguished himself by exceptionally meritorious achievement in support of military operations in the Republic of Vietnam from 1 January 1970 to 30 April 1970.
8. Army Regulation 600-8-22 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. The applicants contention that he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal and the supporting documentation he submitted were carefully considered; however, there is insufficient evidence to grant him the requested relief.
2. The ABCMR acknowledges and applauds the applicant's service in the Republic of Vietnam. However, notwithstanding the fact that the applicant submitted a copy of a certificate showing award of the Army Commendation Medal as well as a copy of the citation, the applicants record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal. Therefore, there is insufficient evidence to grant the applicant the requested relief.
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.
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) AR20080014714
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ABCMR Record of Proceedings (cont) AR20080014714
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