Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130000089
Original file (20130000089.txt) Auto-classification: Denied

		IN THE CASE OF:

		BOARD DATE:  23 July 2013

		DOCKET NUMBER:  AR20130000089


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 a second award of the Army Commendation Medal.

2.  The applicant states he was awarded a second Army Commendation Medal which is not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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.  Following prior active duty service, the applicant enlisted in the Regular Army on 30 April 2001.  He held military occupational specialty 68W (Health Care Specialist).

3.  The applicant's Enlisted Record Brief lists one Army Commendation Medal among his awards.

4.  The applicant's DD Form 214 shows he was honorably discharged due to disability with severance pay in the rank/pay grade of sergeant/E-5 on 18 July 2007.  He completed a total of 12 years, 7 months, and 4 days of active service.  One Army Commendation Medal is listed among his awards.

5.  There are no available orders showing he was awarded the Army Commendation Medal.

6.  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.  There are no available orders showing the applicant was awarded more than one Army Commendation Medal.

2.  In view of the foregoing, there is no 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)                                         AR20100025029



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000089



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100018303

    Original file (20100018303.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 2005 and his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) for the period ending 31 July 2007 to show award of the Meritorious Service Medal (MSM) (2nd Award). The evidence of record shows Permanent Orders 165-009, dated 14 June 2005, awarded the applicant an MSM for meritorious service from 23 August 2004 to 15...

  • ARMY | BCMR | CY2008 | 20080000983

    Original file (20080000983.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Army Commendation Medal on three occasions; however, only one award is shown on his DD Form 214. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. He is therefore entitled to correction of his records to show these unit awards.

  • ARMY | BCMR | CY2009 | 20090000262

    Original file (20090000262.txt) Auto-classification: Approved

    The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Good Conduct Medal was awarded to individuals who distinguished themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. As a result, the Board...

  • ARMY | BCMR | CY2010 | 20100019661

    Original file (20100019661.txt) Auto-classification: Denied

    His service record does not contain orders for a second award of the Army Commendation Medal. However, absent orders authorizing him a second award of the Army Commendation Medal, this document alone is not sufficient in itself to support correction of his records to show a second award of the Army Commendation Medal. Therefore, there is insufficient evidence to correct his records to show a second award of the Army Commendation Medal.

  • ARMY | BCMR | CY2013 | 20130021587

    Original file (20130021587.txt) Auto-classification: Denied

    He referenced attachment 1 (Letter of Recommendation from Commander) in which his commander stated the applicant was awarded the Army Commendation Medal for meritorious service while in the Republic of Vietnam (RVN), the basic Air Medal for participating in the requisite hours in aerial flight, and 25 additional Air Medals during his tour as a crew chief and door gunner. His record does not contain flight records or orders awarding him any additional awards of the Air Medal. Although he...

  • ARMY | BCMR | CY2009 | 20090013572

    Original file (20090013572.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal (ARCOM). The applicant provides a copy of his DD Form 214 and two award certificates for the ARCOM in support of his application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the ARCOM (First Oak Leaf Cluster) with “V” Device.

  • ARMY | BCMR | CY2009 | 20090002827

    Original file (20090002827.txt) Auto-classification: Denied

    The applicant's DD Form 214 shows, among other awards, the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar as authorized awards. Headquarters, United States Army Information Systems Command - FORSCOM Permanent Orders 13-1, dated 14 April 1988, show the applicant received the Army Commendation Medal for meritorious achievement for the period 22 June 1987 through 30 January 1988. There is no evidence of record which shows he received the...

  • ARMY | BCMR | CY2009 | 20090000282

    Original file (20090000282.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1979 to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster). There are no orders for the Army Commendation Medal with First Oak Leaf Cluster in the available records. In support of his claim, the applicant provided an award certificate, dated 26 December 1979, for the Army...

  • ARMY | BCMR | CY2009 | 20090000778

    Original file (20090000778.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 October 1968 to show 37 awards of the Air Medal (correctly known as the Air Medal with Numeral 37) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). The applicant's DD Form 214 for the period ending 28 October 1968 shows the Distinguished Flying Cross, the Bronze Star Medal with...

  • ARMY | BCMR | CY2009 | 20090017797

    Original file (20090017797.txt) Auto-classification: Approved

    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. The applicant requests two Army Commendation Medals, two Army Achievement Medals, the Combat Infantryman Badge and Certificates of Achievement be added to his DD Form 214. As a result, the Board recommends that all Department of the Army...