IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090017711
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 the Army Commendation Medal.
2. The applicant states:
* he received his certificate for award of the Army Commendation Medal after his discharge
* he would like to be furnished the Army Commendation Medal
* His grandson is writing a report about his period of military service as a school project and he is putting together a display for him
3. The applicant provides a copy of an undated, unsigned copy of a certificate showing he was awarded the Army Commendation Medal.
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. On 15 May 1969, the applicant enlisted in the Regular Army. He completed the training requirements and he was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist). In October 1969, he was awarded primary MOS 76U (Communications Electronics Repair Parts Specialist). He was transferred to Germany on 12 November 1969.
3. He returned to the Continental United States on or about 14 December 1971.
4. On 16 December 1971, the applicant was released from active duty under the provisions of Army Regulation 635-200, chapter 5-20 due to early separation to attend school.
5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Good Conduct Medal.
6. A review of the applicant's records does not reveal orders showing he was awarded the Army Commendation Medal.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Brand of the U.S. Army Human Resources Command, failed to reveal orders awarding him the Army Commendation Medal.
8. The applicant submits an undated, unsigned certificate showing he was awarded the Army Commendation Medal for meritorious service from November 1969 to December 1971.
9. 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. There is no evidence in the applicant's official record that shows he was cited in orders for award of the Army Commendation Medal.
2. The certificate he submits has been considered. However, according to the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required.
3. The documentation the applicant submits does not amount to the documentation that is necessary to confirm he was awarded the Army Commendation Medal.
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) AR20090017711
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ABCMR Record of Proceedings (cont) AR20090017711
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