IN THE CASE OF:	

		BOARD DATE:	  9 April 2009

		DOCKET NUMBER:  AR20080017665 


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 award of the Army Commendation Medal for serving 20 years of active service.

2.  The applicant states he was promised the award of the Army Commendation Medal before he retired.  He states he was told that everyone who retired would get the Army Commendation Medal if they had the Army Good Conduct Medal.  He states he chose not to have a parade upon retirement.  He states he did not show up for the parade for another Soldier who retired the same day.  He states he picked up his retirement orders in the orderly room after 1700 hours (5:00 pm) and did not open them until 2 or 3 days later at which time he found out he had not received the Army Commendation Medal.

3.  The applicant provides, in support of his application, copies of his 
NAVPERS-553 (Notice of Separation From U.S. Naval Service); three DD Forms 214 (Report of Separation From Active Duty) with effective dates of 20 May 1952, 10 July 1953, and 31 July 1968 (retirement); and his orders for retirement.

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 served a period of active duty in the U.S. Navy Reserve from 28 December 1944 to 18 July 1946.  He served in the Regular Army during the period from 3 February 1949 to 10 July 1953.  He enlisted again in the Regular Army on 9 July 1954 and served continuously until his retirement.

3.  There are no recommendations or orders in the applicant's military personnel records jacket (MPRJ) concerning the award of the Army Commendation Medal.

4.  On 31 July 1968, the applicant was released from active duty and placed on the Retired List on 1 August 1968.  He had completed a total of 20 years and 21 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Good Conduct Medal Bronze Clasp with 4 loops.

5.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that it was the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a recommendation for consideration.

6.  Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There was no requirement for Soldiers retiring to be submitted for an award at retirement.  Regulations provided that it was the responsibility of anyone having knowledge of service believed to warrant the award of a decoration to submit a recommendation.  There was no evidence in the applicant's MPRJ of anyone having submitted such a recommendation.

2.  The applicant's statement that he was told that everyone who retired would get the Army Commendation Medal if they had the Army Good Conduct Medal was noted.  However, each case submitted to the Board is considered based on its own merit.  Therefore, an award of the Army Commendation Medal to other military personnel is not a sufficient basis to grant relief in this case.

3.  The applicant's contention, over 40 years later, that he should have received the Army Commendation Medal as a retirement award does not serve as justification to grant relief in his case.

4.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board wants the applicant and all others concerned to 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.  



      ___________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)                                         AR20080017665



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017665



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1