IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20110025224 


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 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal with "V" Device.  In addition, he requests replacement medals and official orders for the award.

2.  The applicant states he was awarded the Army Commendation Medal with "V" Device in 2003 while deployed to Iraq with the 1st Battalion, 3rd Air Defense Artillery.  He kept the medal but the orders were lost in 2005 when his unit reformed as the 5th Battalion, 7th Cavalry at Fort Stewart, GA.  He lists the names of personnel who presented him the award.

3.  The applicant provides his Soldier Deployment History Outprocessing Report 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.  His records show he enlisted in the Regular Army on 19 November 2001.

3.  He was honorably released from active duty on 14 April 2006 and transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 shows in item 18 (Remarks) he served in Kuwait and Iraq from 
5 January through 15 July 2003 and from 5 January 2005 through 4 January 2006. 

4.  His official military personnel file (OMPF) is void of any orders or other documents that show he was recommended for or awarded the ARCOM with "V" device during his active duty service.

5.  He provides the names of the officers and enlisted Soldiers who presented him with the award and his deployment history showing the periods and lengths of his deployments.

6.  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.  A "V" Device is affixed to denote that one or more awards were for valor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Army Commendation Medal with "V" Device.  In addition, he requests replacement medals and official orders for the award.

2.  There is no available evidence to show he was recommended for or awarded the Army Commendation Medal with "V" device.  Army regulations require formal recommendations, approval through the chain of command and announcement in orders for all personal decorations.

3.  He provided the names of military personnel he contends presented him the award; however, this is insufficient evidence to publish orders or correct his DD Form 214 to show this award.

4.  In regard to his request for replacement medals, should he locate official orders awarding him the Army Commendation Medal with "V" device, he can request issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  The National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100 (Please do not submit request on a DD Form 149 (Application for Correction of Military Record)).  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA  19111.

5.  In view of the foregoing, his request should be denied.

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)                                         AR20110025224





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ABCMR Record of Proceedings (cont)                                         AR20110025224



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