BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100019517
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 an Army Commendation Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Official Military Personnel File (OMPF).
2. The applicant states that orders were supposed to have been forwarded after he left Germany; however, he recently discovered that the orders were never added to his file.
3. The applicant provides copies of a certificate for an Army Commendation Medal and his 1986 DD Form 214.
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 served in the Regular Army for almost 4 years. He was honorably separated and transferred to the Army Reserve as a sergeant in July 1986.
3. There are no orders for the Army Commendation Medal in his available records. Neither his DA Form 2-1, Part II (Personnel Qualification Record) nor his DD Form 214 shows the Army Commendation Medal as an authorized award.
4. 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.
5. The Army Commendation Medal certificate provided by the applicant cited him as the chief of the special weapons team of A Battery, 1st Battalion, 40th Field Artillery during a November 1985 inspection. The certificate is dated 14 July 1986.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, no orders are available to substantiate putting the Army Commendation Medal on the applicant's DD Form 214 and in his record.
2. There is inadequate documentation to support the requested relief.
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) AR20100019517
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019517
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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