IN THE CASE OF:	  

		BOARD DATE:	    8 December 2009

		DOCKET NUMBER:  AR20090010781 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of the Army Commendation Medal and the Army Achievement Medal, and that she possessed secondary military occupational specialty (MOS) 71L (Administrative Specialist).

2.  The applicant essentially states she was not aware of the importance of having awards and her secondary MOS listed on her DD Form 214 at the time of her release from active duty on 10 October 1984.  She also states that since that time, all of her records have been destroyed by fire with no chance of recovery.

3.  The applicant provides no additional evidence in support of this application. 

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested that the Army Achievement Medal be added to her DD form 214.  Her DD Form 214 currently shows she was awarded the Army Achievement Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military records show that she enlisted in the Regular Army (RA) on 21 October 1981.  She completed basic combat and advanced individual training and she was awarded MOS 94B (Food Service Specialist).  She was then reassigned to Fort Carson, CO for her initial permanent duty assignment where she was assigned to the 4th Adjutant General Company in duty MOS 94B.  Item 35 (Record of Assignments) of her DA Form 2-1 (Personnel Qualification Record - Part II) shows that she began serving in duty MOS 71L with the same company on 28 October 1982.  On 20 October 1984, she was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  On 10 March 1985, she was transferred from the USAR Control Group (Reinforcement) to a USAR unit in Denver, CO.  She was honorably discharged from the USAR on 20 October 1987.  On 18 June 2008, she enlisted in the USAR for a period of 6 years and 6 weeks and she is currently assigned to the 399th Transportation Detachment in Gainesville, FL.

4.  The applicant's military records do not show that she was awarded the Army Commendation Medal.  There are no orders in her military records awarding her the Army Commendation Medal, and the applicant failed to provide any evidence that she was awarded the Army Commendation Medal.

5.  The applicant also requested correction of her DD Form 214 to show that she possessed secondary MOS 71L, but there are no orders in her military records which awarded her secondary MOS 71L.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.


7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

8.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

9.  A DA Form 638 (Recommendation for Award) must be submitted (a copy of which will be provided to the applicant).  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The request must be submitted through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show the award of the Army Commendation Medal and that she possessed secondary MOS 71L.

2.  The sincerity of the applicant's claim that she was awarded the Army Commendation Medal is not questioned.  However, all awards of the Army Commendation Medal must be announced in official orders, which the applicant did not provide, and are not in her military records.  Regrettably, in view of the 
foregoing, there is insufficient basis for correcting her DD Form 214 to show the award of the Army Commendation Medal in this case.  However, the applicant is advised that while the available evidence is insufficient for correcting her DD Form 214 to show the award of the Army Commendation Medal, this in no way affects her right to pursue her claim for this award by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  The fact that the applicant served in duty MOS 71L from 28 October 1982 until her release from active duty on 20 October 1984 was noted.  However, there is no evidence that she was ever officially awarded a secondary MOS of 71L in orders, and the applicant failed to provide such evidence.  Regrettably, absent such evidence, there is insufficient basis for correcting her DD Form 214 to show that she possessed secondary MOS 71L.

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)                                         AR20090010781



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ABCMR Record of Proceedings (cont)                                         AR20090010781



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