BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110010213
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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show he received the Army Commendation Medal (1st Oak Leaf Cluster).
2. The applicant states the award is not reflected on his personnel records and the medal was not issued to him.
3. The applicant provides:
* Permanent Order 123-2
* Army Commendation Medal Citation
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. The available evidence shows the applicant was commissioned a second lieutenant (2LT)/O-1 in the Regular Army on 21 January 1972. He was honorably discharged in the rank/grade of captain (CPT)/O-3 on 31 August 1977.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Expert Field Medical Badge
* Army Commendation Medal
4. The applicant provides Permanent Orders 123-2, Headquarters, U.S. Army Health Services Command, Fort Sam Houston, dated 28 September 1977, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for outstanding meritorious service from 13 August 1975 to 30 August 1977.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) has been carefully reviewed and found to have merit.
2. The applicant furnished orders and a citation which show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for outstanding meritorious service from 13 August 1975 to 30 August 1977. Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show this award.
BOARD VOTE:
___x___ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding to item 26 of his DD Form 214 the Army Commendation Medal (1st Oak Leaf Cluster) and issuing it to him.
_______ _ 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) AR20110010213
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ABCMR Record of Proceedings (cont) AR20110010213
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