IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110022051 


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 second award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 June 1972.

2.  The applicant states his second award of the Army Commendation Medal was approved after he was released from active duty.

3.  The applicant provides:

* his DD Form 214 
* orders for the award of his first Army Commendation Medal
* certificate and citation for a second award of the Army Commendation Medal
* letter, dated 30 May 1972, verifying receipt by his commander of his Criminal Investigator credentials and badge
* letter, dated 16 September 2011, from the U.S. Army Human Resources Command (HRC) to his Congressional representative

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.  He enlisted in the Regular Army on 2 October 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He immediately reenlisted on 2 June 1969 for a period of 3 years.  He was awarded MOS 95D (CID (Criminal Investigation Command) Special Agent)) on   2 June 1970.

4.  On 29 October 1970, he was assigned to the 23rd Military Police Company, 23rd Infantry Division in the Republic of Vietnam.  Headquarters, 23rd Infantry Division General Orders Number 11653, dated 10 October 1971, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a  hostile force from 1 June 1971 to 28 September 1971.

5.  On 22 November 1971, he was assigned to the U.S. Army Criminal Investigation Command at the Fort Benning, GA field office.

6.  On 1 June 1972, he was released from active duty.  He completed a total of 
3 years and 8 months of active service that was characterized as honorable.  His DD Form 214 with an effective date of 1 June 1972 shows he was awarded one Army Commendation Medal.  

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicates he was awarded the Army Commendation Medal.  However, a second award of the Army Commendation Medal is not shown.

8.  There are no orders in his Military Personnel Records Jacket (MPRJ) for a second award of the Army Commendation Medal.

9.  The certificate and citation he submitted indicates he was awarded a second Army Commendation Medal for meritorious service while assigned to the U.S. Army Criminal Investigation Command from 22 November 1971 to 1 June 1972.  The certificate was signed on 15 June 1972.

10.  In September 2011, he submitted a request to HRC, through his Congressional representative, for his second award of the Army Commendation Medal to be added to his DD Form 214.  HRC's response, dated 16 September 2011, to the Congressional representative acknowledged receipt of the certificate and citation awarding the his second Army Commendation Medal.  However, HRC was unable to verify his entitlement to the second award of an Army Commendation Medal.  HRC indicated that orders were required for both awards of the Army Commendation Medal.  

11.  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 awarding him a second Army Commendation Medal.

12.  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.  There is no evidence he was awarded a second Army Commendation Medal other than the certificate and 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.

2.  Therefore, there is an insufficient basis to add a second Army Commendation Medal 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 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)                                         AR20110022051



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ABCMR Record of Proceedings (cont)                                         AR20110022051



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