BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000927
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 and a Vietnam Combat Certificate.
2. The applicant states the Army Commendation Medal and his Vietnam Combat Certificate are not listed on his DD Form 214.
3. The applicant provides his DD Form 214, Army Commendation Medal Certificate and Citation, and Vietnam Combat Certificate.
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 was inducted into the Army of the United States on 11 October 1967 and he held military occupational specialty 13A (Cannon Crewmember). He served in Vietnam as follows:
* 31 July-11 August 1968, 23d Adjutant General Replacement Detachment
* 12 August 1968-17 January 1969, Battery A, 1st Battalion, 82nd Artillery
* 18 January-25 July 1969, Battery C, 1st Battalion, 30th Artillery
3. He was honorably released from active duty on 28 July 1969. He completed 1 year, 9 months, and 5 days of creditable active service.
4. His DD Form 214 does not show award of the Army Commendation Medal. His DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal. There are no orders in his records showing he was awarded the Army Commendation Medal.
5. 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 any orders for the Army Commendation Medal pertaining to the applicant.
6. The applicant provides:
* an Army Commendation Medal Certificate and Citation, dated 14 June 1969, wherein it shows he was awarded the Army Commendation Medal for meritorious service in Vietnam during the period July 1968 to July 1969
* a Vietnam Combat Certificate, undated, issued by the 1st Cavalry Division wherein it shows he faithfully served in Vietnam with Battery C, 1st Battalion, 30th Artillery, from January to July 1969
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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version of this regulation in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20, omitting authorities cited therein.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of orders showing the applicant was awarded the Army Commendation Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include 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.
2. With respect to the Vietnam Combat Certificate, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate for achievement or commendation of local design. Although copies of these certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate achievement or commendation and there is no provision to list such certificates on the DD Form 214.
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) AR20130000927
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