IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20080017791
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 (Certificate of Release or Discharge from Active Duty) for the period ending 17 August 2002 to show a second award of the Army Commendation Medal.
2. The applicant states that the recommendation for the award was approved and the medal was issued but his DD Form 214 does not reflect the award.
3. The applicant provides a DA Form 638 (Recommendation for Award) 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 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 entered active duty on 18 August 1998 and served as a Field Artillery Officer. On 17 August 2002, he was released from active duty in the rank of captain.
3. The applicant's DD Form 214 for the period ending 17 August 2002 shows the Army Lapel Button, the Army Commendation Medal, the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Army Service Ribbon as authorized awards.
4. In support of his claim, the applicant provided a DA Form 638, dated 18 June 2002, which shows he received the Army Commendation Medal for the period
1 February 1999 to 21 July 2002 for expiration term of service. Item 8 (Previous Awards) on this form shows the applicant received two awards of the Army Achievement Medal.
5. The applicant's service personnel records contain an award certificate, dated 18 June 2002, for the Army Commendation Medal for the period 1 February 1999 to 21 July 2002.
6. There are no orders for a second award of the Army Commendation Medal in the available records.
7. 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:
The applicant's DD Form 214 for the period ending 17 August 2002 shows one award of the Army Commendation Medal as an authorized award. The DA Form 638 provided by the applicant shows he was awarded the Army Commendation Medal for the period 1 February 1999 to 21 July 2002 (end of service award) and item 8 on this form does not list the Army Commendation Medal as a previous award. There are no orders for a second award of the Army Commendation Medal. Therefore, there is insufficient evidence on which to base a second award of the Army Commendation Medal in this case.
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) AR20080017791
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ABCMR Record of Proceedings (cont) AR20080017791
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