BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100011262
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) for the period ending 1 March 1984 to show award of the Army Commendation Medal.
2. The applicant states that the Army Commendation Medal was never noted on his DD Form 214.
3. The applicant provides his DD Form 214 and an Army Commendation Medal certificate, dated 28 March 1984.
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 enlisted in the Regular Army on 4 March 1980 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 19E (Armor Crewman).
3. On 1 March 1984, the applicant was honorably released from active duty after completing 3 years, 11 months, and 28 days of creditable active service.
4. The applicant's DD Form 214 does not show award of the Army Commendation Medal.
5. The applicant provided an Army Commendation Medal Certificate, dated 28 March 1984, that shows he was awarded the Army Commendation Medal for meritorious service during the period 23 August 1982 through 1 March 1984.
6. There are no general orders in the applicant's service personnel records that show he was awarded the Army Commendation Medal. Item 41 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Commendation Medal.
7. 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:
The applicant provided a certificate that shows he was awarded the Army Commendation Medal. However, there are no orders in the available records that verify the approving authority awarded the applicant the Army Commendation Medal. Unfortunately, the certificate provided by the applicant alone is insufficient evidence to show 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) AR20100011262
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ABCMR Record of Proceedings (cont) AR20100011262
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