IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024353
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 Army Commendation Medal be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 February 1990.
2. The applicant states he was released from active duty in February 1990 and his Army Commendation Medal wasn't signed off on until June 1990. He received a certificate in the mail, but that was after he had left the service.
3. The applicant provides a certificate for the award of the Army Commendation Medal.
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. He enlisted in the Regular Army on 19 February 1987 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 91A (Medical Specialist).
3. On 2 November 1987, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 41st Infantry in Germany.
4. On 18 February 1990, he was released from active duty. He completed
3 years of active service that was characterized as honorable. His DD Form 214 does not show he was awarded the Army Commendation Medal.
5. Item 9 (Awards, Decoration & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not indicate he was awarded the Army Commendation Medal.
6. There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Army Commendation Medal.
7. The Army Commendation Medal certificate he submitted indicates he was awarded the Army Commendation Medal for exceptionally meritorious service during the period from 4 November 1987 through 18 February 1990 while assigned as the promotions clerk for HHC, 1st Battalion, 41st Infantry. The certificate was signed on 19 June 1990. There is no order number indicated on the certificate.
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, 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. His DA Form 2-1 does not show he was awarded the Army Commendation Medal. There are no orders in his Military Personnel Records Jacket awarding him the Army Commendation Medal. 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 the 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) AR20110024353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024353
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