BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100012733
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, in effect, correction to his DD Form 214 (Armed Forces of the United States Record of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant makes no additional statement.
3. He provides no additional documentation in support of his application.
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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 14 July 1967. He completed training and
was awarded military occupational specialty 94B (Cook). He served in the
Republic of Vietnam from 9 December 1967 through 8 December 1968.
3. There are no orders in his records awarding him the Army Commendation Medal. His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not show award of the Army Commendation Medal.
4. He was released from active duty, in pay grade E-4, on 11 July 1969, at the expiration of his term of service, and was transferred to the United States Army Reserve Control Group (Annual Training).
5. Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards: the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and Marksman Marksmanship Qualification Badge with Rifle Bar.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing general orders issued between 1965 and 1973 for the Vietnam era, was conducted. This review failed to show any orders were published or other evidence to indicate authorization of award of the Army Commendation Medal to him.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Army Commendation Medal is acknowledged; however, he provided no general orders showing he was awarded the Army Commendation Medal. No evidence was found either in his service personnel record or in the ADCARS data base to support award of the Army Commendation Medal.
2. In view of the foregoing, there is no basis for granting his request.
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) AR20100012733
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ABCMR Record of Proceedings (cont) AR20100012733
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