IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090011751
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Commendation Medal and that he completed the Artillery Chief of Section Course.
2. The applicant states that this information was omitted from his original records and was probably overlooked.
3. The applicant provides a letter, dated 5 June 2009, from the National Personnel Records Center in St. Louis, Missouri; a copy of his DD Form 214; a DD Form 215 (Correction to DD Form 214); a Certificate of Graduation; and Letters of Commendation 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 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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was ordered to active duty from the U.S. Army Reserve (USAR) on 12 April 1957. He served as a field artillery crewman and was released from active duty on 11 April 1959 and transferred to the USAR to complete his remaining service obligation.
4. The applicant's DD Form 214 shows the Good Conduct Medal as an authorized award. Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) on his DD Form 214 shows the entries "NONE and NA" [Not applicable].
5. There are no orders for the Army Commendation Medal in the available records.
6. The applicant provided a Certificate of Graduation which shows he graduated from the Chief of Section Course at the I Corps Artillery Specialist Academy at Camp Saint Barbara, Korea on 26 July 1958. However, the duration of this course is unknown. He also provided Letters of Commendation for this accomplishment from the School Commandant, the Division Artillery Commander, the Battalion Commander, and his Battery Commander.
7. A DD Form 215, dated 21 April 2009, amended the applicant's DD Form 214 by adding the Korea Defense Service Medal and the Republic of Korea Presidential Unit Citation.
8. 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.
9. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that service schools, including dates (From To) and major courses successfully completed during the period covered by the DD Form 214 would be entered in item 28. This entry also included military sponsored courses in civilian schools and colleges completed during the period covered by the DD Form 214. The regulation also states that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Army Commendation Medal in the available records. Therefore, there is insufficient evidence on which to base adding the Army Commendation Medal to his DD Form 214.
2. Although the Certificate of Graduation provided by the applicant shows he completed the Artillery Chief of Section Course in Korea on 26 July 1958, the duration of this course is unknown. Since the governing regulation provides that service schools, including dates (From To), would be entered in item 28 on the DD Form 214, there is an insufficient basis for granting the applicant's request at this time.
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) AR20090011751
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ABCMR Record of Proceedings (cont) AR20090011751
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