IN THE CASE OF:
BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090019244
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 award of the Army Commendation Medal. He also requests a replacement medal.
2. The applicant states that he was awarded the Army Commendation Medal after his discharge and it was not entered on his DD Form 214.
3. The applicant provides a copy of an award certificate for 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. The applicant requests a replacement of the Army Commendation Medal. Army Retiree and Veterans who terminated their service prior to 1 October 2002 must submit requests to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, MO 63132. The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Requests submitted to the NPRC may be submitted via a letter or the Standard Form (SF) 180 (which can be obtained online). Requests must include a copy of the retirees/veterans separation or discharge paperwork and any other supporting documentation to substantiate the request. Therefore, this portion of the applicant's request will not be discussed further in these Proceeding.
3. On 27 September 1977, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).
4. On 23 March 1978, the applicant was assigned for duty with Headquarters and Headquarters Battery, 1st Battalion, 19th Field Artillery Brigade, located at Fort Carson, CO.
5. On 26 September 1980, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He attained the rank/grade of specialist four (SP4)/E-4 and he completed 3 years of creditable active duty service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Army Commendation Medal.
7. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show the Army Commendation Medal.
8. The award certificate provided by the applicant indicates that he was awarded the Army Commendation Medal for exceptionally meritorious service from
23 March 1978 through 26 September 1980 while serving with the 1st Battalion, 19th Field Artillery. The certificate was dated 19 November 1980.
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. The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.
2. The applicant's records do not contain any orders awarding him the Army Commendation Medal. The applicant's DA Form 2-1 does not show award of this medal. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have, or be able to obtain, a copy of the orders awarding him the Army Commendation Medal, or be able to provide other evidence to corroborate the award certificate, he may submit another application for consideration.
3. In view of the above, the applicant's request should be denied.
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) AR20090019244
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ABCMR Record of Proceedings (cont) AR20090019244
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