IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120008211
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 (Report of Separation from the Armed Forces of the United States) to show award of the Commendation Ribbon with Metal Pendant.
2. The applicant states he was awarded the Commendation Ribbon with Metal Pendant, on 9 February 1955, but it did not appear on his DD Form 214.
3. The applicant provides a copy of General Orders Number 8, 1st Cavalry Division, dated 9 February 1955.
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's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, a copy of his DD Form 214 is available for review and is sufficient for the Board to conduct a fair and impartial review of this specific request.
3. General Orders Number 8, 1st Cavalry Division, dated 9 February 1955, awarded the applicant the Commendation Ribbon with Metal Pendant for meritorious service with the 1st Cavalry Division in Japan from 29 August 1953 to 27 January 1955.
4. The applicant's DD Form 214 shows:
a. he was inducted into the Army of the United States on 26 February 1953;
b. his most significant assignment was with the 1st Cavalry Division in Japan;
c. his foreign service was for a duration of 1 year, 6 months, and 9 days;
d. his awards were the National Defense Service Medal and the Good Conduct Medal;
e. he attained the rank of sergeant; and
f. he was released from active duty on 15 February 1955 and transferred to the U.S. Army Reserve.
5. Army Regulation 600-8-22 (Military Awards) states the Commendation Ribbon with Metal Pendant was redesignated as the Army Commendation Medal by Department of the Army General Orders 10, dated 31 March 1960.
6. Army Regulation 635-5 (Separation Documents), as was then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It required the entry of decorations, medals, badges, commendations, citations and campaign ribbons awarded the individual Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Commendation Ribbon with Metal Pendant.
2. General orders clearly show the applicant was awarded the Commendation Ribbon with Metal Pendant. This award is currently known as the Army Commendation Medal. Therefore, the Army Commendation Medal should be added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Army Commendation Medal.
_______ _ 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) AR20120008211
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