IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090005857
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 that his Army Commendation Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the Army Commendation Medal was never added to his DD Form 214.
3. The applicant provides, in support of his request, copies of the 15 May 1985 citation for the Army Commendation Medal and his DD Form 214.
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 served on active duty from 30 December 1982 to 27 May 1988. He was released from active duty and transferred to a U.S. Army Reserve Troop Program Unit in pay grade E-5.
3. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded of Authorized) of his DD Form 214 does not list the Army Commendation Medal as an authorized award.
4. 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.
5. The citation provided by the applicant cites the applicant's meritorious services to a military police activity during the period 5 May 1983 through 15 May 1985. It is signed by a colonel as the commander. No orders are available.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the Army Commendation Medal was never added to his DD Form 214.
2. Unfortunately, no orders are available to substantiate the award. In view of the requirement for orders, the citation, in and of itself, is insufficient as a basis to add the award to the applicant's DD Form 214. If the applicant had the orders he may apply for reconsideration.
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) AR20090005857
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ABCMR Record of Proceedings (cont) AR20090005857
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