IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080017766
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Commendation Medal.
2. The applicant states that he has lost his award citation but believes it must be somewhere. He further states that the omission of the Army Commendation Medal from his DD Form 214 was just an oversight.
3. The applicant provides in support of his application a copy of his DD Form 214.
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. On 28 July 1964, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery).
3. On 27 December 1964, the applicant was assigned for duty with the 6th Battalion, 9th Artillery Regiment, in the Federal Republic of Germany. He returned to the United States on or about 26 January 1966.
4. On 13 March 1966, the applicant was assigned for duty as a cannoneer with the 1st Battalion, 7th Artillery Regiment, in the Republic of Vietnam. He returned to the United States on or about 4 March 1967.
5. On 14 April 1967, the applicant was assigned to Fort Hood, Texas.
6. On 27 Jul 1967, the applicant was released from active duty. He had attained the rank of private first class, pay grade E-3 and had completed 3 years of creditable active duty.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal [with "1960-" Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Army Commendation Medal.
8. Item 41(Awards and Decorations) of the applicants Enlisted Qualification Record (DA Form 20) does not show award of the Army Commendation Medal.
9. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources command failed to reveal any orders awarding the applicant the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Army Commendation Medal but that due to an oversight, it was not included on his DD Form 214.
2. There are no general orders showing that the applicant was awarded the Army Commendation Medal. The applicant has not provided any documentation to substantiate his receiving this award. Should he have, or be able to obtain, a copy of the orders awarding him the Army Commendation Medal, he may submit another application for consideration.
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 the aforementioned requirement.
4. 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 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080017766
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