IN THE CASE OF:	

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090011375 


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 military records to show award of the Army Commendation Medal for his service in the Republic of Korea (ROK).

2.  The applicant states he was told that he would receive the Army Commendation Medal for superior meritorious service for the movement of the 29th ROK Infantry Division in 1954.

3.  The applicant provides copies of a letter of appreciation, dated 12 July 1954, with endorsements in support of his 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's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available in a reconstructed file to conduct a fair and impartial review of this specific request.

3.  On 20 April 1953, the applicant was inducted into the Army of the United States.  He was subsequently assigned to the ROK.

4.  On 12 July 1954, the Commanding General, ROK Army, wrote a letter of appreciation to the officers and men of the Transportation Section, extending his sincere thanks for their outstanding accomplishment in the smooth movement of the 29th ROK Infantry Division.  This letter was subsequently forwarded through the applicant's chain of command.  On 1 September 1954, the applicant's battalion commander indorsed the letter to the applicant, stating that he was indeed happy to pass on the fine letter of appreciation, noting the transportation officer's added complimentary remarks and that is was with a great personal satisfaction that he forwarded this recognition of the superior services performed in the movement of the 29th ROK Infantry Division.

5.  On 20 April 1955, the applicant was released from active duty and transferred to the Missouri Army National Guard.  He had attained the rank of corporal and had completed 2 years and 1 day of creditable military service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States), as corrected by a DD Form 215 (Correction to DD Form 214) shows his awards as the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, and the Korea Defense Service Medal.  It does not show award of the Army Commendation Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Army Commendation Medal for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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 the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Army commendation Medal based on his superior service as evidenced by the letter of appreciation.

2.  The letter of appreciation does not indicate that the applicant was to receive a personal decoration for his superior services in connection with the movement of the 29th ROK Division.

3.  There are no orders or other evidence of record confirming award of the Army Commendation Medal.  In the absence of such authority for this award, he may request award of the Army Commendation Medal under the provisions of Title 10, U.S. Code, section 1130.  However, should he have or be able to obtain a copy of the award orders or other corroborating documentation showing that he was awarded the Army Commendation Medal, he may submit another application for consideration.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.
 
5.  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 the aforementioned requirement.  In view of the foregoing, there is no basis for granting the applicant's request.



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)                                         AR20090011375



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ABCMR Record of Proceedings (cont)                                         AR20090011375



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