IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090005068
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 reconsideration of an earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states, in effect, that he received the medal several months after his separation from active duty. He also contends that the Department of the Army (DA) refuses to recognize his meritorious service and receipt of the Army Commendation Medal by not adding the award to his DD Form 214. He contends the DA's decision to deny his request is in part based on the fact that there are no orders in the available records that verify the approving authority awarded him the medal. He fails to understand how he is at fault for the DA failing to record this information.
3. The applicant provides a citation for award of the Army Commendation Medal and a letter, dated 6 March 2009, from a Member of Congress in support of his request for reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000432 on 26 June 2008.
2. The applicant provided a citation for award of the Army Commendation Medal for meritorious service while serving as a member of the Industrial Hygiene Division, U.S. Environmental Hygiene Agency, Aberdeen Proving Ground, Maryland from June 1970 to November 1971. This submission is new evidence which will be considered by the Board.
3. The applicant was inducted into the Army of the United States on 16 March 1970. He was awarded military occupational specialty 01C (mechanical engineering assistant). On 16 November 1971, the applicant was honorably released from active duty in the rank of Specialist Five and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 1 year, 8 months, and 1 day of creditable active service.
4. The applicant's DD Form 214 does not show the Army Commendation Medal as an authorized award.
5. There are no orders for the Army Commendation Medal in the available records. However, the applicant previously provided an award certificate for award of the Army Commendation Medal for meritorious service from June 1970 to November 1971. This certificate was authenticated by The Surgeon General, Lieutenant General J___. The certificate is also signed by Robert F. F___ as Secretary of the Army.
6. 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:
Although there are no orders for the Army Commendation Medal, the citation and award certificate for the Army Commendation Medal are accepted as sufficient bases for adding the Army Commendation Medal to the applicant's DD Form 214. The Army Commendation Medal is a typical end-of-tour award for a Specialist Five. The award certificate is contemporaneous with his date of separation and is signed by The Surgeon General and the Secretary of the Army at the time.
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 amendment of the ABCMRs decision in Docket Number AR20080000432, dated 26 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal on his DD Form 214.
_____________XXX____________
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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