IN THE CASE OF:	  

		BOARD DATE:	      18 AUGUST 2009

		DOCKET NUMBER:  AR20090013192 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal.

2.  The applicant states that the first Army Commendation Medal was awarded in the September-November 1986 time frame while assigned to the 194th Aviation Company of the 1st Cavalry Division, Fort Hood, TX, during his service with Task Force Bravo in Honduras; however, he was never given the permanent orders.  He adds that he received the second Army Commendation Medal on 1 June 1988 while assigned to the 227th Aviation Regiment of the 1st Cavalry Division and again he was not given the orders.

3.  The applicant provides a copy of a certificate, dated 1 June 1988, showing award of the Army Commendation Medal in support of his request.

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 records show he enlisted in the Regular Army on 13 September 1985.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (Utility Helicopter Mechanic).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 13 June 1988.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Achievement Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Aircraft Crewman Badge, and the Army Lapel Button.  Item 13 does not show two awards of the Army Commendation Medal.

4.  The applicant's official military personnel file (OMPF) contains a copy of a certificate, dated 1 June 1988, that shows he was awarded the Army Commendation Medal for meritorious service from February 1986 to June 1988 while assigned to the 227th Aviation Regiment, Combat Aviation Brigade, 1st Cavalry Division.  The certificate does not include a permanent order number as the listing of a permanent order number on the certificate was not in effect at the time.  Additionally, his OMPF does not contain a separate copy of a permanent order for this award.

5.  The applicant's records do not contain a recommendation, permanent orders, or a certificate that show he was awarded a second award of the Army Commendation Medal.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal.

2.  The applicant's OMPF contains a copy of a certificate that shows he was awarded the Army Commendation Medal for meritorious service from February 1986 to June 1988 while assigned to the 227th Aviation Regiment.  Although the certificate does not include a permanent order number and his records do not contain a separate copy of a permanent order for this award, its inclusion in his OMPF indicates that it had been validated by OMPF records custodians for inclusion.  In addition, an Army Commendation Medal is a typical end-of-service award for an enlisted Soldier.  Therefore, there is sufficient evidence to show he was awarded the Army Commendation Medal and should have his DD Form 214 corrected to show this award.

3.  With respect to the second award of the Army Commendation Medal, the applicant's sincerity and service with Task Force Bravo are not in question.  However, there is no evidence in the applicant’s records and he did not provide any evidence that shows he was recommended for and/or awarded a second award of the Army Commendation Medal.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to show a second award of the Army Commendation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Army Commendation Medal to his DD Form 214, dated 13 June 1988.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Army Commendation Medal.



      _______ _   XXX_______   ___
               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)                                         AR20090013192



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ABCMR Record of Proceedings (cont)                                         AR20090013192



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