BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005554
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 add the Army Commendation Medal.
2. The applicant states the Army Commendation Medal is not listed on his DD Form 214.
3. The applicant provides his Army Commendation Medal 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 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. The applicant was inducted into the Army of the United States on 29 May 1968. He was honorably discharged on 4 June 1968 for the purpose of immediate enlistment in the Regular Army.
3. He enlisted in the Regular Army on 5 June 1958 and he held military occupational specialty 31L (Radio Relay and Carrier Repairman).
4. He served in Vietnam from on or about 10 June 1969 to on or about 10 June 1970. He was assigned to the 588th Maintenance Company.
5. He was honorably released from active duty on 4 June 1971. His DD Form 214 does not list the Army Commendation Medal.
6. His records do not contain orders awarding him the Army Commendation Medal. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Army Commendation Medal.
7. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Army Commendation Medal.
8. He submitted an Army Commendation Medal Citation that shows he was presented with the Army Commendation Medal for meritorious service from June 1969 to June 1970. However, he did not provide accompanying orders.
9. 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 no evidence in the available records that show the applicant was awarded the Army Commendation Medal. The citation he submitted is insufficient by itself to confirm this award. 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). In the absence of orders or other corroborating documents, 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 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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ABCMR Record of Proceedings (cont) AR20120005554
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