IN THE CASE OF:
BOARD DATE: 14 September 2012
DOCKET NUMBER: AR20120004250
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 received the award and it should be shown on his
DD Form 214.
3. The applicant provides his DD Form 214 an Army Commendation Medal certificate and citation.
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 was inducted into the Army of the United States on 10 July 1968 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman).
3. He served in Vietnam from 13 December 1968 to 10 December 1969. He was assigned to Company D, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, as a gunner and then team leader. He attained the rank/grade of sergeant (SGT)/E-5 during his tour in Vietnam.
4. He was honorably released from active duty on 9 July 1970 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of total active service with no time lost. His DD Form 214 shows award of the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device "1960"
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Bronze Star Medal
5. On 26 September 2011, he was issued a DD Form 215 (Correction to
DD Form 214) that deleted the Vietnam Service Medal with three bronze service stars and added the:
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
6. His service records do not contain official orders awarding him the Army Commendation Medal and his DA Form 20 (Personnel Qualification Record) makes no mention of this award.
7. The applicant provides an Army Commendation Medal certificate, dated
8 December 1969, and an accompanying citation that indicates he was awarded the Army Commendation Medal for meritorious service in Vietnam during the period December 1968 to December 1969. No orders were provided.
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:
There is insufficient evidence in the available records that shows the applicant was awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required. The certificate and citation he provides are insufficient by themselves to show he was awarded the Army Commendation Medal. In the absence of orders, there is insufficient evidence to correct his records to show this award.
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) AR20120004250
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ABCMR Record of Proceedings (cont) AR20120004250
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