BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110021842 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal.

2.  The applicant states he was awarded the Army Commendation Medal on
16 June 1969, but it was not recorded on his DD Form 214.

3.  The applicant provides a copy of his award certificate and 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 6 July 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Okinawa from 1 February 1967 through
28 June 1969;

	b.  item 38 (Record of Assignments):

		(1)  340th Supply Company from 2 February 1967 through 14 March 1969; and

	 	(2)  U.S. Army Supply Operations Directorate, 2nd Logistical Command, beginning 15 March 1969.

   c.  item 41 (Awards and Decorations):  no entry for the Army Commendation Medal.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 June 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 11 months, and 23 days of net active service; and

	b.  His DD Form 214 does not show the Army Commendation Medal.

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Army Commendation Medal.

6.  In support of his claim, the applicant provides a copy of a DA Form 4980-14 (Army Commendation Medal Certificate) that shows the Army Commendation Medal was awarded to the applicant for meritorious service from February 1967 to May 1969.  The certificate was issued on 16 June 1969; however, it does not show the signature of the award approval authority.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows 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.

8.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Army Commendation Medal was carefully considered.

	a.  The sincerity of the applicant's comments is not in question.  However, the award certificate he provides in support of his claim is not authenticated by the award approval authority.  Moreover, there are no orders or any other Army records that show the applicant was actually awarded the Army Commendation Medal.

	b.  Therefore, there is insufficient evidence to support the applicant's claim to the Army Commendation Medal.

2.  While the available evidence is insufficient for correcting the applicant's records to show award of the Army Commendation Medal this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20110021842



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ABCMR Record of Proceedings (cont)                                         AR20110021842



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