IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009505
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 award of the Army Commendation Medal.
2. The applicant states the Army Commendation Medal Certificate was given to him. However, this medal was omitted from his DD Form 214.
3. The applicant provides copies of the Army Commendation Medal Certificate and his 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 military records show he was inducted into the Army of the United States on 11 September 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) and was promoted to the rank of specialist four/pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a wheeled vehicle repairman assigned to the 576th Ordnance Company during the period 12 to 24 November 1970 and the 60th Ordnance Company from 25 November 1970 to May 1971 during his tour of duty in the Republic of Vietnam from 8 November 1970 to 27 May 1971.
4. His DA Form 20 does not list the Army Commendation Medal.
5. He was honorably released from active duty on 30 June 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 20 days of creditable active service.
6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Commendation Medal by proper authority.
7. He provides a copy of an Army Commendation Medal Certificate, dated 29 June 1971, showing he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from September 1970 to May 1971.
8. 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 orders for award of the Army Commendation Medal pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a copy of an Army Commendation Medal Certificate. However, he did not provide orders authorizing this award.
2. There is no evidence of record that shows he was awarded or recommended for award of the Army Commendation Medal. In the absence of orders, the Army Commendation Medal Certificate he provided is insufficient to correct his DD Form 214 to show this award.
3. Regrettably, in view of the foregoing there is no basis for granting the applicant's request.
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) AR20120009505
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009505
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020791
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Bronze Star Medal, Army Commendation Medal, and Senior Explosive Ordnance Disposal Badge. General Orders Number 1806, issued by the United States Military Assistance Command, Vietnam (MACV), dated 24 April 1971, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam...
ARMY | BCMR | CY2011 | 20110011172
He adds his military records should show the following awards: * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) [2nd Award] * Meritorious Service Medal (awarded upon retirement) * Army Commendation Medal (4th Award) * Army Good Conduct Medal (4th Award) * National Defense Service Medal (1st Oak Leaf Cluster) [2nd Award] * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation [2nd Award] * Korea...
ARMY | BCMR | CY2008 | 20080010114
The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. Additionally, there are no orders in the applicant's military records which awarded him any level of the Army Commendation Medal. However, as...
ARMY | BCMR | CY2012 | 20120003718
The applicant provides a copy of Headquarters, 67th Evacuation Hospital, General Order Number 157, dated 15 July 1970, as new evidence which warrants consideration by the Board. This order shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 12 July 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal with three bronze service...
ARMY | BCMR | CY2004 | 04101513C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Army Good Conduct Medal, the Vietnam Service Medal with either three or four bronze service stars, the Army Commendation Medal, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge with rifle bar, the Republic of Vietnam Gallantry Cross Unit Citation with Palm,...
ARMY | BCMR | CY2013 | 20130011841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal and two awards of the Army Commendation Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal (2nd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form...
ARMY | BCMR | CY2006 | 20060005974C070205
The applicant requests correction of his retirement DD Form 214 (Report of Separation from Active Duty) for the period ending 31 August 1975 to show the Meritorious Service Medal. However, the applicant provided an award certificate, dated 9 January 1976, for the Meritorious Service Medal for outstanding meritorious service during the period February 1955 to August 1975. Based on the foregoing, the award certificate for the Meritorious Service Medal is accepted as sufficient evidence on...
ARMY | BCMR | CY2014 | 20140003225
IN THE CASE OF: BOARD DATE: 2 October 2014 DOCKET NUMBER: AR20140003225 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 31 December 1970, to show any awards for his service in Okinawa from 1967 to 1968. 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...
ARMY | BCMR | CY2010 | 20100029998
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal * three bronze service stars for wear on his Vietnam Service Medal * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal...
ARMY | BCMR | CY2008 | 20080017271
The applicant contends that the FSM should be awarded the Purple Heart for being injured during a combat operation on 8 August 1970 in the Republic of Vietnam. The evidence of record shows the FSM was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action in the Republic of Vietnam on 8 August 1970; b. deleting the entry...