IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015335
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 that the awards listed on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states the Social Security Number on the Army Commendation Medal citation is wrong. All the medals requested are shown on an attached list.
3. The applicant provides copies of a citation for the Army Commendation Medal, his DD Form 214, and a handprinted list that includes the Army Commendation Medal, Cold War Victory Commemorative Medal, Republic of Vietnam Service Commemorative Medal, Honorable Service Commemorative Medal, Armed Forces Expert Marksman Commemorative Medal, and the Armed Forces Expeditionary Medal. Each award listed is followed by a page number.
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 applicant enlisted in the Regular Army on 27 November 1967. After completing training he served in Okinawa from May 1968 to November 1969.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the National Defense Service Medal and the Expert Marksmanship Qualification Medal with Rifle Bar.
4. On 11 September 1970, the applicant was honorably released from active duty and transferred to the Army Reserve in pay grade E-5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal and the Expert Marksmanship Qualification Medal with Rifle Bar.
5. There are no available orders showing the applicant was awarded the Army Commendation Medal.
6. Army Regulation 600-8-22 (Military Awards):
a. 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.
b. Table 2-2 lists the designated U.S. military operations for which the Armed Forces Expeditionary Medal was authorized. It does not include supporting Vietnam from Okinawa.
c. Lists "commemorative" awards only in reference to a few European awards. There are no commemorative U.S. military awards.
DISCUSSION AND CONCLUSIONS:
1. There is no indication what publication the applicant used as a reference in preparing his request, but there are no official commemorative U.S. military awards.
2. There are no available orders awarding him the Army Commendation Medal. Orders or other substantiating support certificates and citations are required before adding the subject award to an individual's DD Form 214.
3. Army Regulation 600-8-22 does not authorize the Armed Forces Expeditionary Medal for service in Okinawa.
4. In view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20110015335
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ABCMR Record of Proceedings (cont) AR20110015335
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