IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019661
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 (Armed Forces of the United States Report of Transfer or Discharge) to show a second award of the Army Commendation Medal.
2. He states he received a second Army Commendation Medal after he was discharged and would like his DD Form 214 to reflect two awards of the Army Commendation Medal.
3. He provides a copy of his DD Form 214 and two citations for 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. The applicant enlisted in the Regular Army on 10 June 1968. He served in Vietnam from 25 April 1969 to 6 April 1970.
3. General Orders Number 56, dated 7 January 1970, show he was awarded the Army Commendation Medal for meritorious achievement from 1 October 1969 to 27 December 1969.
4. He provided two citations which show he was presented the Army Commendation Medal for:
* meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 October 1969 to 27 December 1969
* meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period April 1969 to April 1970
5. His service record does not contain orders for a second award of the Army Commendation Medal. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists only one award of the Army Commendation Medal.
6. He was released from active duty on 7 April 1970. His DD Form 214 shows one award of the Army Commendation Medal.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for a second award of the Army Commendation Medal pertaining to the applicant.
8. 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. The regulation states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he received a second award of the Army Commendation Medal after he was discharged is acknowledged. However, the evidence of record does not indicate that an error or injustice exists in this case.
2. Orders show he was awarded the Army Commendation Medal for meritorious achievement from 1 October 1969 to 27 December 1969 and this award is reflected on his DD Form 214.
3. He provided a citation indicating he was presented the Army Commendation Medal for meritorious service for the period April 1969 to April 1970. However, absent orders authorizing him a second award of the Army Commendation Medal, this document alone is not sufficient in itself to support correction of his records to show a second award of the Army Commendation Medal.
4. Therefore, there is insufficient evidence to correct his records to show a second award of 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 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) AR20100019661
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019661
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