IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090005205
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states that he received the Army Commendation Medal for meritorious service with the U.S. Army Support Command, Vietnam, from 12 January 1964 to 29 December 1964.
3. The applicant provides a copy of a certificate, dated 11 January 1965, showing award of the Army Commendation Medal, and a copy of a letter, dated 6 March 2009, from the National Personnel Records Center, in support of his request.
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's records show he was inducted into the Army of the United States and entered active duty on 28 June 1963. He completed basic combat and advanced individual training and was awarded military occupational specialty 67F (Airplane Technical Inspector). He was honorably separated in the rank/grade of specialist five/E-5 on 27 June 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.
3. The applicants records show he served in the Republic of Vietnam from on or about 9 January 1964 to on or about 8 January 1965. He was assigned to the 339th Transportation Company.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Vietnam), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Item 24 does not show award of the Army Commendation Medal.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.
6. The applicant's records do not contain general orders awarding him the Army Commendation Medal.
7. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Army Commendation Medal orders on file for the applicant.
8. The applicant submitted a copy of a certificate, dated 11 January 1965, that shows he was awarded the Army Commendation Medal for meritorious service with the U.S. Army Support Command, Vietnam, during the period 12 January 1964 to 29 December 1964.
9. 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:
1. The applicants contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.
2. The applicants record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal. The certificate submitted by the applicant is insufficient by itself to grant him the requested relief. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
3. Regrettably, there is insufficient evidence on which to grant the relief requested.
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) AR20090005205
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ABCMR Record of Proceedings (cont) AR20090005205
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