Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090000282
Original file (20090000282.txt) Auto-classification: Approved

		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 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 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.



ABCMR Record of Proceedings (cont)                                         AR20090000282





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000282



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2004 | 20040008120C070208

    Original file (20040008120C070208.doc) Auto-classification: Approved

    The applicant requests, in three separate applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1979 be corrected: 1) in item 11 (Primary Specialty Number, Title and Years and Months in Specialty) to add 31542 Special Forces Qualified Infantry Officer, 3 years, 8 months and to change the entry for 35A to read 7 years and 5 months; 2) in item 2 (Department, Component and Branch) to change Military Police (MP) to Military...

  • ARMY | BCMR | CY2005 | 20050007424C070206

    Original file (20050007424C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2014 | 20140020406

    Original file (20140020406.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1980 by adding the following awards: * Marksmanship Qualification Badge with Carbine Bar (M-1 Rifle) * Marksmanship Qualification Badge with Rifle Bar (M-16) (shown as AR-16) * Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksmanship Qualification Badge with Hand Grenade Bar * Second Award, Oak Leaf Cluster (no award identified) *...

  • ARMY | BCMR | CY2009 | 20090000778

    Original file (20090000778.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 October 1968 to show 37 awards of the Air Medal (correctly known as the Air Medal with Numeral 37) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross, the Bronze Star Medal with...

  • ARMY | BCMR | CY2013 | 20130015431

    Original file (20130015431.txt) Auto-classification: Approved

    His DD Form 214 shows his SSN as listed on his DD Form 149 (Application for Correction of Military Record) and his awards as the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Parachutist Badge * Combat Infantryman Badge * Bronze Star Medal * Republic of Vietnam Campaign Medal 7. In support of his request, he provided copies of the following Headquarters, 25th Infantry Division General Orders: * Number 8094, dated 23 June 1969, showing he was awarded...

  • ARMY | BCMR | CY2011 | 20110005201

    Original file (20110005201.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Air Medal with “V” device (fifth oak leaf cluster) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * three bronze service stars to be added to his already-awarded Vietnam Service Medal * Presidential Unit Citation (first oak leaf cluster) 2. Item 9 (Awards, Decorations and Campaigns) of his DA Form...

  • ARMY | BCMR | CY2008 | 20080008357

    Original file (20080008357.txt) Auto-classification: Approved

    The applicant provides copies of his DD Form 214 for the period of active duty ending on 30 April 1980; NA Form 13038 (Certification of Military Service) for the period of active duty from 30 April 1966 to 26 April 1972; letter from the National Personnel Records Center, dated 16 May 2008; certificate and citation for award of the Army Commendation Medal, First Oak Leaf Cluster for the period from 15 November to 30 November 1969; and a certificate and orders for award of the Army...

  • ARMY | BCMR | CY2005 | 20050000838C070206

    Original file (20050000838C070206.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2005 DOCKET NUMBER: AR20050000838 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Therefore, the portion of the applicant's request for correction of his military records to show four awards of the Overseas Service Bar will not be discussed further in these Proceedings. Evidence of record shows the...

  • ARMY | BCMR | CY2005 | 20050000838C070206

    Original file (20050000838C070206.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2005 DOCKET NUMBER: AR20050000838 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Therefore, the portion of the applicant's request for correction of his military records to show four awards of the Overseas Service Bar will not be discussed further in these Proceedings. Evidence of record shows the...

  • ARMY | BCMR | CY2013 | 20130017055

    Original file (20130017055.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 October 2002 to show award of the Army Commendation Medal and any other missing awards and decorations. Prior to his discharge on 16 October 2002, records show the applicant was awarded the Army Commendation Medal (2nd Award) and the Driver and Mechanic Badge with Driver-W Bar. As a result, the Board recommends that all Department of the Army records of the...