IN THE CASE OF:
BOARD DATE: 09 APRIL 2009
DOCKET NUMBER: AR20080017322
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, that his military records be corrected to show the award of the Army Commendation Medal.
2. The applicant states that he was awarded the Army Commendation Medal with a certificate and orders, but it is not listed in his DA Form 201 (Military Personnel Records Jacket).
3. The applicant provides a citation and certificate showing he was awarded the Army Commendation Medal and a continuation page of unknown orders awarding him the Army Commendation Medal in support of this 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's military records show that he was inducted into the Army of the United States on 6 May 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman), and was later awarded secondary MOS 63B (Wheel Vehicle Mechanic). He departed for a tour in the Panama Canal Zone on
20 October 1971, and served with Combat Support Company, 3rd Battalion,
5th Infantry. He returned to the continental United States on or about 3 May 1973. He was honorably released from active duty on 4 May 1973 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Good Conduct Medal. It does not show that he was awarded the Army Commendation Medal; however, he provided a continuation page of unknown orders which awarded him the Army Commendation Medal for the period October 1971 to May 1973. He also provided a certificate and citation for the Army Commendation Medal for the same period of service, of which a copy of the citation was present in his military records.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 applicant contends that his military records should be corrected to show the award of the Army Commendation Medal.
2. While the applicant did not provide a complete copy of orders awarding him the Army Commendation Medal, the undated orders, which contained proper authentication, appear to be authentic. Additionally, he did provide a properly constituted certificate and citation awarding him the Army Commendation Medal, and a copy of the citation was also in his official military records. As a result, it would be appropriate at this time to correct his military records to show the award of the Army Commendation Medal.
BOARD VOTE:
___X_____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during his military service. The applicant and all Americans should be justifiably proud of his honorable service in arms.
________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) AR20080017322
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