IN THE CASE OF:
BOARD DATE: 11September 2012
DOCKET NUMBER: AR20120005325
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 was awarded the Army Commendation Medal while assigned to the 575th Medical Detachment in the Republic of Vietnam; however, it was not listed on his DD Form 214.
3. The applicant provides a certificate and citation showing 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. The applicant enlisted in the Regular Army on 31 January 1972. He completed training and was awarded military occupational specialty 71H (Personnel Specialist).
3. He served in the Republic of Vietnam from on or about 10 July 1972 to on or about 17 March 1973. During this period of service he was assigned to:
* 24th Evacuation Hospital, from on or about 14 July 1972 to on or about 23 August 1972
* 575th Medical Detachment, from on or about 24 August 1972 to on or about 17 March 1973
4. He was honorably released from active duty on 31 October 1973. His DD Form 214 does not show he was awarded the Army Commendation Medal.
5. His record does not contain orders awarding him the Army Commendation Medal. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show 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.
7. He submitted an award certificate and citation that shows he was presented with the Army Commendation Medal for meritorious service in the Republic of Vietnam, from July 1972 to March 1973; however, he did not provide the accompanying orders.
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 (emphasis added).
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available record that shows the applicant was awarded the Army Commendation Medal. The award certificate and citation he
submitted, are insufficient to confirm this award. 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 in orders are required. In the absence of orders, or any other corroborating document, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120005554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120005325
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