IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100011863
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 that he be awarded the Army Commendation Medal and the Noncommissioned Officer (NCO) Professional Development Ribbon for the 43rd Division NCO Class of 1952-P.
2. The applicant states he would have become eligible due to Congress authorizing the issuance of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 20 October 1953, through the North Carolina Department of Administration District Service Office.
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. On 18 October 1950, the applicant enlisted in the Army for 3 years and he completed training as a tractor-scraper operator.
4. He was honorably discharged on 20 October 1953 at the expiration of his term of service. The DD Form 214 he was issued shows he was awarded the Army of Occupation Medal with Germany Clasp and the Army Good Conduct Medal.
5. A review of the available records does not show the applicant is authorized the Army Commendation Medal or the NCO Professional Development Ribbon.
6. 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.
7. Army Regulation 600-8-22 states the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. However, there is no available evidence and the applicant has not submitted any evidence to show he was awarded the Army Commendation Medal or met the criteria contained in the applicable regulation to be awarded the NCO Professional Development Ribbon.
2. Based on the criteria contained in the applicable regulation, it appears the Army Commendation Medal and the NCO Professional Development Ribbon are properly not included on his DD Form 214. Further, the NCO Professional Development Ribbon was not established until 10 April 1981. It was not awarded to individuals discharged in 1953.
3. His contention that he is authorized the Army Commendation Medal and the NCO Professional Development Ribbon based on Congress authorizing the issuance of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal appears to be based on some erroneous information he obtained and is not true.
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) AR20100011863
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ABCMR Record of Proceedings (cont) AR20100011863
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