BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004076
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, his Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he received an Army Commendation Medal. After receiving it he was told they needed it back and he would get it at a later date. He never received it and would like to have it for his kids and himself.
3. The applicant provides:
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* citation for award of the Army Commendation Medal
* a photograph of an awards ceremony
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 was inducted into the Army of the United States on 13 February 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 12B (Combat Engineer).
3. He was assigned to the 19th Engineer Battalion in the Republic of Vietnam from 17 July 1968 to 30 May 1969.
4. On 12 February 1970, he was released from active duty. He completed
2 years of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* one Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not indicate he was awarded the Army Commendation Medal.
6. There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Army Commendation Medal.
7. The Army Commendation Medal Citation submitted by the applicant indicates he was awarded the Army Commendation Medal for exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam from 18 July 1968 to 11 July 1969.
8. 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 the Army Commendation Medal for the applicant.
9. 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, distinguished 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 ending date on the citation for the award of the Army Commendation Medal is over 1 month after the applicant left the Republic of Vietnam.
2. There is no evidence of the award of the Army Commendation Medal other than the citation submitted by the applicant. Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.
3. Therefore, there is an insufficient basis to add the Army Commendation Medal to his DD Form 214 or to provide him with the 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 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) AR20100029608
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ABCMR Record of Proceedings (cont) AR20110004076
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