IN THE CASE OF:	  

		BOARD DATE:	  	  22 January 2009

		DOCKET NUMBER:  AR20080017521 


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, correction of his discharge document to show award of the Army Commendation Medal.

2.  The applicant states, in effect, he was awarded the Army Commendation Medal on 21 June 1968 for meritorious service with the 278th Signal Company; however, the award was not recorded on his discharge document.

3.  The applicant provides a copy of his DA Form 4980-14 (Army Commendation Medal Certificate), dated 21 June 1968, 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 applicant’s 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 applicant’s 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 personnel records show he enlisted in the Army of the United States for a period of 3 years on 14 January 1966.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).

3.  The applicant's military personnel records contain a copy of a DA Form
20 (Enlisted Qualification Record).

     a.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 3 July 1967 through
26 June 1968.

     b.  Item 38 (Record of Assignments) shows he was assigned to the 278th Signal Company (Support) (USARPAC, RVN) from 8 July 1967 to 25 June 1968.

     c.  Item 41 (Awards and Decorations) shows the applicant was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The applicant’s military personnel records are absent any orders or other evidence that he was awarded the Army Commendation Medal.

5.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce a copy of any award orders pertaining to the applicant.

6.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 14 January 1966.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  The DD Form 214 also shows the applicant was honorably released from active duty on 13 January 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  At the time, he had completed 3 years net active service this period and 11 months and 24 days of foreign service.

7.  In support of his application, the applicant provides a copy of his Army Commendation Medal Certificate, dated 21 June 1968, that shows he was awarded the Army Commendation Medal for "performance of exceptionally 

meritorious service in support of the United States objectives in the counterinsurgency effort in the RVN during the period 5 July 1967 to 21 June 1968."  This document shows that is was signed by a Brigadier General W. M. V__ H________.

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 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, in effect, that his discharge document should be corrected to show award of the Army Commendation Medal.

2.  The evidence of record shows that the applicant was issued an Army Commendation Medal Certificate on 21 June 1968 for exceptionally meritorious service in support of the United States objectives in the counterinsurgency effort in the RVN during the period 5 July 1967 to 21 June 1968.  However, there is no evidence the award was approved and announced in orders, as required by Army military awards regulatory guidance.  Specifically, there are no orders or other evidence in the applicant’s records that shows he was awarded the Army Commendation Medal.  In addition, a thorough search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders pertaining to an award of the Army Commendation Medal to the applicant.  Thus, in view of the foregoing, there is insufficient evidence to support the applicant’s claim to the Army Commendation Medal in this case.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.  

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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.



      __________X____________
               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)                                         AR20080015987



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ABCMR Record of Proceedings (cont)                                         AR20080017521



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