BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110009715
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 (Certificate of Release or Discharge from Active Duty) to add the Army Commendation Medal with "V" Device.
2. The applicant states:
* he was awarded the medal, but it is not shown on his DD Form 214
* he is unable to find his certificate
* it is crucial to his disability claim for post-traumatic stress disorder
3. The applicant provides:
* letter from a Member of Congress, dated 19 April 2011
* 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 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 21 September 1989. He served as an armor crewman in Southwest Asia from 8 January 1991 to 13 May 1991. He was honorably released from active duty on 8 November 1991 for failure to meet body fat standards.
3. His DD Form 214 does not show the Army Commendation Medal with "V" Device as an authorized award.
4. His discharge packet notes he was awarded the Army Commendation Medal with "V" Device. However, there are no orders for the Army Commendation Medal with "V" Device in the available records.
5. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not show the Army Commendation Medal with "V" Device.
6. 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 the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Army Commendation Medal with "V" Device in the available records and the applicant did not provide orders for the Army Commendation Medal with "V" Device. In the absence of orders officially awarding him the Army Commendation Medal with "V" Device, the entry in his discharge packet which states he was awarded this medal is not sufficient as a basis for adding the Army Commendation Medal with "V" Device 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 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) AR20110009715
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ABCMR Record of Proceedings (cont) AR20110009715
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