IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010181
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 the Army Board for Correction of Military Records (ABCMR) denial to correct his military records to show he was awarded the Army Commendation Medal.
2. The applicant states his Army Commendation Medal Certificate was signed by the acting Division Commander and the award was presented to him at an award ceremony at Fort Hood, TX.
3. The applicant provides, in support of his application, copies of a partial
DA Form 638 (Recommendation for Award) with citation, an Army Commendation Medal Certificate for meritorious service from 1 September 1967 to 14 August 1969, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 August 1969.
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 AR20080016519, on 2 April 2009.
2. The Army Commendation Medal Certificate is new evidence which requires his case to be reconsidered by the ABCMR.
3. On 15 August 1967, the applicant was commissioned a second lieutenant in the U.S. Army Reserve (USAR), Field Artillery. He had previously completed
1 year, 6 months, and 14 days of active duty service in an enlisted status in the Regular Army (RA).
4. On 31 August 1967, the applicant was assigned to the 19th Artillery,
1st Armored Division at Fort Hood.
5. On 14 August 1969, the applicant was released from active duty in the grade of first lieutenant and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed a total of 3 years, 6 months, and 14 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the Army Commendation Medal.
6. Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show he was awarded the Army Commendation Medal.
7. There are no orders in the applicant's military service records awarding him the Army Commendation Medal.
8. A partial DA Form 638 submitted by the applicant indicates he was being recommended for award of the Army Commendation Medal for exceptionally meritorious service during the period 1 September 1967 to 14 August 1969. However, the form is not signed by the applicant's commanding officer, there is no indication the award was processed through his chain of command, and there is no final approval of the award recommendation.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that award of any personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.
DISCUSSION AND CONCLUSIONS:
1. The partial DA Form 638 submitted by the applicant does not contain the signature of his commanding officer or his chain of command. The partial form does not show the award was approved by the appropriate approval authority.
2. The certificate for award of the Army Commendation submitted by the applicant does not contain an order number or any other indication that orders were issued awarding him the Army Commendation Medal. Approval through the chain of command and announcement in orders are required for award of the Army Commendation Medal.
3. In view of the above, there is insufficient evidence to add the Army Commendation Medal to the applicant's DD Form 214.
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 that 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 to amend the decision of the ABCMR set forth in Docket Number AR20080016519, dated 2 April 2009.
___________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) AR20090010181
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ABCMR Record of Proceedings (cont) AR20090010181
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