IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026966
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 the Army Commendation Medal be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states it was an oversight when he was discharged.
3. The applicant provides:
* A citation for award of the Army Commendation Medal
* 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. He enlisted in the Regular Army on 31 January 1969 for a period of 3 years. He served as a light vehicle driver in Vietnam from 20 June 1969 to 19 June 1970. On 30 November 1971, he was released from active duty and transferred to the U. S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 does not show the Army Commendation Medal as an authorized award.
4. There are no orders for the Army Commendation Medal in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Army Commendation Medal.
7. He provided a citation for award of the Army Commendation Medal for meritorious service during the period June 1969 to June 1970 in Vietnam.
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.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Army Commendation Medal in the available records and the applicant did not provide any orders for the Army Commendation Medal. In the absence of orders officially awarding him the Army Commendation Medal or any other official corroborating evidence, the citation provided by the applicant is not sufficient in itself as a basis for adding the Army Commendation Medal to his DD Form 214.
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) AR20100026966
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ABCMR Record of Proceedings (cont) AR20100026966
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