IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018415
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 a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster). He also requests his DD Form 214 be corrected to show he was involved in combat.
2. The applicant states:
* he received two awards of the Army Commendation Medal
* he was involved in combat and received one award in July 1991 for his work in support of Battlefield Deception during the Gulf War
* he received a second award at the time of separation in August 1992
* he was told his first award of the Army Commendation Medal was going to be the Bronze Star Medal but it was lowered due to his rank
3. The applicant provides no documentary evidence 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 applicant enlisted in the Regular Army on 15 August 1989. He served as a light wheel vehicle mechanic in Southwest Asia from 9 September 1990 to
9 April 1991. On 27 August 1992, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows, among other awards, the Army Commendation Medal as an authorized award.
4. A DA Form 638 (Recommendation for Award of LM [Legion of Merit] and Below), dated 15 February 1991, shows the applicant was recommended for the Army Commendation Medal for meritorious achievement during the period
17 January 1991 to 5 February 1991. His chain of command approved the recommendation for award of the Army Commendation Medal. Headquarters, 101st Airborne Division Permanent Order Number 069-012, dated 25 March 1991, awarded the applicant the Army Commendation Medal for the period
17 January 1991 to 5 February 1991.
5. Item 9 (Awards, Decorations, and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows entitlement to one award of the Army Commendation.
6. There are no orders for the Army Commendation Medal with First Oak Leaf Cluster in the available records.
7. A DD Form 215 (Correction to DD Form 214), dated 26 January 1993, amended the applicant's DD Form 214 by adding the entry "SERVED IN SWA [Southwest Asia] FROM 900909 TO 910409" in item 18 (Remarks). Since the applicant's DD Form 214 was corrected to show his service in Southwest Asia (i.e., combat service), this portion of the applicant's request will not be discussed further in these proceedings.
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. The regulation also states that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows the Army Commendation Medal as an authorized award. There are no orders for the Army Commendation Medal with First Oak Leaf Cluster in the available records. Therefore, there is insufficient evidence on which to amend the applicant's DD Form 214 to show a second award of 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) AR20090018415
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ABCMR Record of Proceedings (cont) AR20090018415
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