IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20100027777 


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 to be awarded the Army Commendation Medal.

2.  The applicant states that with the deterioration of his health, he was reviewing his military paperwork and found the 1983 documents.  He asks that the recreated recommendation be accepted and to be awarded the Army Commendation Medal.

3.  The applicant provides a 27 July 1983 lost recommendation memorandum, a reconstructed DA Form 638 (Recommendation for Award), and an award narrative.

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 served on active duty in the Regular Army from 22 June 1977 through 4 December 1983.  At the time of his separation he was on the selection list for promotion to staff sergeant/E-6.

3.  His record contains copies of orders awarding him the Army Commendation Medal for the period September 1981 through December 1983, Army Achievement Medal for the period 30 May through 1 July 1983, Good Conduct Medal (2nd award), Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, German Army Marksmanship Badge in Bronze, and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

4.  In addition to these orders for awards and decorations, his record contains nine letters of appreciation, two Certificates of Achievement, and notification of selection as the Soldier of the Month on two occasions.

5.  On 27 July 1983, Chief Warrant Officer Two M____ N____ submitted a memorandum stating it had come to his attention that a recommendation for award of Army Commendation Medal for the applicant had been lost.  He stated the applicant had worked for him from June 1978 through July 1981 and that both he and the applicant's former commander remember seeing the actual award.  He states he reconstructed the award recommendation to the best of his recollection.  Attached to the letter are a DA Form 638 and a narrative for award of the Army Commendation Medal for the period 19 December 1977 through 28 July 1981.

6.  The applicant was honorably discharged on 4 December 1983 as a specialist five/E-5 with 6 years, 5 months, and 13 days of creditable active service with no lost time.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his awards as the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, German Army Marksmanship Badge in Bronze, and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  If the Secretary of the Army determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and supported by sufficient evidence after the distinguished service, and that no award was made because the statement was lost or through inadvertence the recommendation was not acted upon, he or she may award any appropriate military decoration.  The evidence requires that a formal submission of the recommendation was made and conclusive evidence the recommendation was not acted upon.  A copy of the original recommendation or its substantive equivalent must be submitted with any accompanied statements, certificates, or affidavits corroborating the events or services involved.  The person signing a reconstructed award recommendation must be identified clearly in terms of his or her official relationship to the intended recipient at the time of the act or during the period of service to be recognized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that with the deterioration of his health, he was reviewing his military paperwork and found the 1983 documents.  He asks that the recreated recommendation be accepted and to be awarded the Army Commendation Medal.

2.  Based on the applicant's record of service, personal awards, letters of appreciation, and Certificates of Achievement, it is reasonable to accept that a recommendation for the Army Commendation Medal for the period 19 December 1977 through 28 July 1981 was submitted and lost prior to being incorporated into the applicant's records.

3.  His record contains no derogatory information that would warrant withholding the medal.  Therefore, it is appropriate to award the applicant the Army Commendation Medal for the period 19 December 1977 through 28 July 1981 and correct his DD Form 214 to show the Army Commendation Medal (2nd Award).

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Army Commendation Medal for the period 19 December 1977 through 28 July 1981 and correcting his DD Form 214 to show the Army Commendation Medal (2nd Award).



      ____________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)                                         AR20100027777



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ABCMR Record of Proceedings (cont)                                         AR20100027777



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