IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100011731
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.
2. The applicant states he received the Army Commendation Medal in January 1983 at Fort Campbell, Kentucky.
3. The applicant provides a copy of a certificate showing 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 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. On 11 March 1975, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11C (Indirect Fire Infantryman). He subsequently served through a series of assignments both in the United States and overseas.
3. On 15 February 1978, the applicant reenlisted in the Regular Army and was subsequently assigned for duty at Fort Campbell, Kentucky, with the 503rd Infantry Regiment.
4. On 14 February 1984, the applicant was discharged due to the completion of his required term of service. He had attained the rank of sergeant/pay grade E-5 and had completed a total of 8 years, 11 months, and 3 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Good Conduct Medal (2nd Award), Overseas Service Ribbon, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Rifle Bar, and Army Achievement Medal.
6. Item 9 (Awards, Decorations, and Campaigns) of the applicant's
DA Form 2-1 (Personnel Qualification Record Part II) shows the same awards as listed on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states 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, distinguishes 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.
8. The award certificate provided by the applicant states he was awarded the Army Commendation Medal for outstanding meritorious service during the period from 17 July 1980 to 15 January 1984 while assigned to the 4th Battalion, 187th Infantry Regiment, located at Fort Campbell, Kentucky. The certificate does not contain information identifying the authorizing orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.
2. There are no general orders that show the applicant was awarded the Army Commendation 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 other evidence to corroborate this award, 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) AR20100011731
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ABCMR Record of Proceedings (cont) AR20100011731
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