IN THE CASE OF:	   

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120019738 


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, in effect, correction of his records to show award of the Army Commendation Medal. 

2.  The applicant states the Army Commendation Medal is missing from the replacement medals he received.  He believes this is an error because he attempted to save the life of a fellow Soldier in 1975 while on maneuvers in Germany during the Vietnam era.  He was a senior company medic and he was told by his commanding officer he would be authorized to receive the Army Commendation Medal for the attempted lifesaving.  He served in the Army for
8 years and 2 months and he was discharged in the rank/grade of specialist five (SP5)/E-5.  He then served in the U.S. Navy (USN) for 12 years and 11 months.  

3.  The applicant provides his USN DD Form 214 (Certificate of Release or Discharge from Active Duty).

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's records show he enlisted in the Regular Army (RA) on 15 July 1968 and he held military occupational specialty 91A (Medical Corpsman).  He served in Germany from August 1969 to October 1971.  

3.  While in Germany, he was honorably discharged on 5 October 1969 for the purpose of immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal

4.  He reenlisted in the RA on 6 October 1969.  He completed his Germany tour and he was reassigned to Fort Sam Houston, TX, and then Valley Forge General Hospital, PA.  While there, he was honorably discharged on 19 August 1973 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows the:

* Expert Field Medical Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal

5.  He reenlisted in the RA on 20 August 1973.  He served in Okinawa, Japan, from December 1974 to September 1976.  

6.  He was honorably discharged on 15 September 1976.  His DD Form 214 (Report of Separation from Active Duty) for this period of service shows the:

* Expert Field Medical Badge
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal

7.  Neither his DA Form 20 (Enlisted Qualification Record) nor his subsequent DA Form 2-1 (Personnel Qualification Record) shows award of the Army Commendation Medal.  

8.  His service records do not show he was recommended for or awarded the Army Commendation Medal. 

9.  He provides a USN DD Form 214 that shows he served in the USN from 6 August 1987 to 30 November 1991.  

10.  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.

11.  Section 1130 of the U.S. Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, a DA Form 638 (Recommendation for Award) must be submitted.  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the applicant is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

12.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records and he provides none to show he was recommended for or awarded the Army Commendation Medal.  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 of orders are required.  


2.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130.

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)                                         AR20120019738



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ABCMR Record of Proceedings (cont)                                         AR20120019738



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