IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120010660
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 item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Commendation Medal.
2. He states he received an Army Commendation Medal award, but his DD Form 214 doesn't reflect this fact.
3. He provides:
* Army Commendation Medal award certificate
* DD Form 214
* Letter from the National Personnel Records Center (NPRC)
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 8 February 1974.
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not show an entry for award of the Army Commendation Medal.
4. He provided a certificate, dated 21 December 1976, which indicates he was awarded the Army Commendation Medal for meritorious service from 1 December 1975 to 16 January 1977. His service record does not contain orders for award of the Army Commendation Medal.
5. He was released from active duty on 7 February 1977. His DD Form 214 doesn't show award of the Army Commendation Medal.
6. He also provided a letter, dated 10 November 2010, from the NPRC. He was informed the NPRC didn't have authority to review and approve amendments or corrections to military records and that this is a function of the Army Review Boards of the military service departments.
7. 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:
1. The applicant's service record does not contain orders for award of the Army Commendation Medal.
2. He provided a certificate indicating he was awarded the Army Commendation Medal on 21 December 1976.
3. However, absent orders authorizing him award of the Army Commendation Medal, there is insufficient evidence on which to base correction of his records to show this award. Therefore, 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 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) AR20120010660
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