IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100000542
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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states he was awarded the Army Commendation Medal on
16 September 1971, but it is not reflected on his DD Form 214.
3. The applicant provides:
* a DA Form 638 (Recommendation for Award) for the Army Commendation Medal for the period 3 April 1970 - 17 September 1971
* a citation for award of 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 was inducted into the Army of the United States on 20 January 1970. He served as a computer systems operator. He was released from active duty on 20 September 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Army Commendation Medal as an authorized award.
4. There are no general orders for the Army Commendation Medal in the available records. However, his records contain a memorandum from The Adjutant General, Subject: Letter Order - Award of the Army Commendation Medal, dated 18 October 1971. This letter order states, "By direction of the Secretary of the Army" the applicant was awarded the Army Commendation Medal for meritorious service during the period April 1970 to September 1971. It also states the custodian of his field personnel records would enter this award to his records.
5. In support of his claim, the applicant provided an incomplete DA Form 638 for the Army Commendation Medal for meritorious service during the period 3 April 1970 to 17 September 1971. He also provided a citation for the Army Commendation Medal for meritorious service for the period April 1970 to September 1971.
6. A DA Form 1577 (Authorization for Issuance of Awards), dated 6 January 1992, shows the applicant was issued, among other awards, the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
The 18 October 1971 Letter Order which states the applicant was awarded the Army Commendation Medal by direction of the Secretary of the Army is accepted as sufficient evidence to show he was awarded the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the Army Commendation Medal.
_______ _ 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) AR20100000542
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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