IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110022621
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 award of the Army Commendation Medal and that he be issued the Army Commendation Medal
2. The applicant states he received the certificate for the Army Commendation Medal in the mail after he was discharged. His unit did not present him with the medal.
3. The applicant provides his DD Form 214 and a certificate.
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's records show he enlisted in the Regular Army on 12 November 1964 and he held military occupational specialty 31B (Field Communications Electronics Equipment Mechanic). He served in Vietnam from 20 May 1966 to 14 May 1967 while assigned to the 2nd Battalion, 503rd Infantry Regiment.
3. He was honorably released from active duty on 7 September 1967 and he was transferred to the U.S. Army Reserve. He completed 2 years, 9 months, and 26 days of creditable active service.
4. The DD Form 214 he was issued does not show award of the Army Commendation Medal. There are no orders in his records showing award of the Army Commendation Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.
7. The applicant provides a certificate, dated 10 July 1967, which shows he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 21 May 1966 to 10 May 1967.
8. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record is void of orders showing the applicant was awarded the Army Commendation Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal). Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Army Commendation Medal.
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) AR20110022621
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ABCMR Record of Proceedings (cont) AR20110022621
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