IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130001855
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) for the period ending 8 February 1966 to show award of the Army Commendation Medal.
2. The applicant states he was awarded the Army Commendation Medal in 1993, but it never appeared on his DD Form 214.
3. The applicant provides his Army Commendation Medal 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 enlisted in the Regular Army (RA) on 8 November 1957 and he held military occupational specialty 112.10 (Heavy Weapons Specialist). He served in Korea from 6 June 1958 to 4 June 1959.
3. He was honorably discharged on 11 February 1960 for the purpose of immediate reenlistment. His DD Form 214 for this period of service did not list any awards.
4. He reenlisted in the RA on 12 February 1960. He served in Germany from 10 February 1961 to 26 January 1964 and in Korea from 25 September 1965 to 7 February 1966.
5. Headquarters, 1st Battalion, 67th Infantry, Fort Hood, TX, Unit Orders Number 29, dated 25 August 1964, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Headquarters, 1st Battalion, 41st Infantry, Unit Orders Number 47, dated 13 June 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
7. He was honorably discharged on 8 February 1966. His DD Form 214 for this period of service shows he was awarded or authorized the:
* Army Good Conduct Medal (2nd Award)
* Army of Occupation Medal (Berlin)
* Armed Forces Expeditionary Medal
8. He enlisted in the U.S. Army Reserve (USAR) on 31 October 1977. However, he transferred to the Army National Guard (ARNG) when he enlisted in that component on 9 August 1980. He extended his enlistment by 6 years on 17 July 1981.
9. He was honorably discharged from the ARNG on 17 June 1987. His National Guard Bureau Form 22 (Report of Separation and Record of Service) captured his ARNG service.
10. He then enlisted in the USAR on 18 June 1987 and reenlisted in for 6 years on 14 April 1993.
11. On 6 July 1993, he was issued a Notification of Eligibility for Retired Pay at Age 60.
12. U.S. Army Reserve Personnel Command, St. Louis, MO,
Orders P-06-303705, dated 1 June 2000, retired him and placed him on the Retired List in the grade of sergeant first class effective 4 September 2000.
13. He submitted an Army Commendation Medal Certificate, dated 2 October 1993, showing he was awarded the Army Commendation Medal for meritorious service from 22 May 1989 to 1 September 1993 by Permanent Order Number 10-16.
14. 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.
15. 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 8 November 1957 to 11 February 1960 and then again from 12 February 1960 to 8 February 1966. He was issued a separate DD Form 214 for each period of service that captured his awards and decorations. He was not awarded the Army Commendation Medal during his active duty service.
2. He was awarded the Army Commendation Medal in 1993 while serving in the USAR. There is no provision to list a future award on a previously-issued 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) AR20130001855
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ABCMR Record of Proceedings (cont) AR20130001855
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