IN THE CASE OF:
BOARD DATE: 30 June 2009
DOCKET NUMBER: AR20090003543
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 his records be corrected to show award of the Army Commendation Medal.
2. The applicant states it is important to him to have this award added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of an Army Commendation Medal Certificate.
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 is an honorably retired sergeant first class with over 21 years of active service.
3. The applicants 30 November 1980 DD Form 214 lists his awards as the National Defense Service Medal with one bronze oak leaf cluster, the Good Conduct Medal (7th award), the Parachutist Badge, the Bronze Star Medal, the Armed Forces Expeditionary Medal, the Aircraft Crewmember Badge, the Air Medal with 17 awards [sic], the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Distinguished Rifleman Badge.
4. A DD Form 215 (Correction to the DD Form 214) shows he was awarded the Combat Infantryman Badge. It also so show that he served in Vietnam from
5 December 1965 to 29 November 1966.
5. The applicants DA Form 2-1 (Personnel Qualification Record) lists some but not all of the awards shown on his DD Form 214 issued in 1980. It also shows he was awarded the Expert Marksmanship Qualification Badge with rifle bar.
6. A review of the applicant's earlier DD Forms 214 does not show any awards not listed on the 1980 DD Form 214 or the DA Form 2-1.
7. The Army Commendation Medal Certificate, dated 11 June 1980, and provided by the applicant shows the award was issued for contributions made between 15 March 1978 and 20 May 1980.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that awards of decorations and the Good Conduct Medal made by major Army commands and principle headquarters officials will be announced in orders. This regulation also 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:
1. The applicant states it is important to him to have the Army Commendation Medal added to his DD Form 214.
2. The available evidence does not contain a copy of orders awarding the applicant the Army Commendation Medal.
3. While the Army Commendation Medal Certificate reflects accomplishment of a significant achievement that is consistent with the applicant's military history, in the absence of orders verifying the award certificate, there is insufficient evidence to justify correcting the DD Form 214 to add this award.
4. 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 this requirement.
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) AR20090003543
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ABCMR Record of Proceedings (cont) AR20090003543
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