IN THE CASE OF:
BOARD DATE: 22 May 2009
DOCKET NUMBER: AR20090000282
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 30 November 1979 to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster).
2. The applicant states, in effect, that this award is missing from his DD Form 214 for the period ending 30 November 1979.
3. The applicant provides a copy of his DD Form 214 for the period ending
30 November 1979 and an award certificate for the Army Commendation Medal with First Oak Leaf Cluster 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 enlisted in the Regular Army on 30 November 1959. He served as a mechanical maintenance supervisor and track vehicle mechanic and remained on active duty through continuous reenlistments until he retired on
30 November 1979 in the rank of first sergeant.
3. The applicant's DD Form 214 for the period ending 30 November 1979 shows one Army Commendation Medal but does not show the Army Commendation Medal with First Oak Leaf Cluster as an authorized award.
4. There are no orders for the Army Commendation Medal with First Oak Leaf Cluster in the available records.
5. Item 9 (Awards, Decorations & Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) does not show entitlement to a second award of the Army Commendation Medal.
6. In support of his claim, the applicant provided an award certificate, dated
26 December 1979, for the Army Commendation Medal with First Oak Leaf Cluster for the period 1 March 1978 through 30 November 1979.
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. The regulation also states that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Army Commendation Medal with First Oak Leaf Cluster in the available records. However, the applicant provided an award certificate, dated 26 December 1979, for the Army Commendation Medal with First Oak Leaf Cluster. It appears that this is a retirement award and the award certificate was not completed until after he retired. Any reasonable doubt should be resolved in the applicant's favor and, therefore, the award certificate provided by the applicant is accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 30 November 1979 to show this award.
BOARD VOTE:
___X____ ___X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending his DD Form 214 for the period ending 30 November 1979 to show the Army Commendation Medal with First Oak Leaf Cluster.
_______ _ _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.
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