IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004033
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 that her award of the Army Commendation Medal (First Oak Leaf Cluster hereafter referred to as (2nd Award)) be added to her
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that she received the award of the Army Commendation Medal (2nd Award) after her discharge and it was never added to her DD Form 214.
3. The applicant provides copies of her DD Form 214 and an award certificate for the Army Commendation Medal (2nd Award).
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. After serving prior active service in the Regular Army and service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 1 October 1982 for a period of 3 years as a tactical wire operations specialist and assignment to Fort Hood, Texas. She required no training and was assigned to Fort Hood.
3. She was transferred to Germany on 15 January 1984 and remained there until she was honorably released from active duty (REFRAD) at Fort Dix, New Jersey on 30 September 1985 due to the expiration of her term of service (ETS).
4. Her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Good Conduct Medal, Army Commendation Medal, Army Service Ribbon and the Overseas Service Ribbon.
5. A review of the available records failed to show evidence of any orders awarding her the Army Commendation Medal (2nd Award).
6. The Certificate awarding the applicant the Army Commendation Medal (2nd Award) indicates that she was awarded it for meritorious service during the period 14 January 1984 to 26 September 1985. The certificate shows it was awarded on 6 January 1986; however, there is no order number to authenticate the certificate.
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. While the sincerity of the applicants claim that she was awarded the Army Commendation Medal (2nd Award) is not in doubt, she has failed to provide the orders awarding her that award which are necessary for the award to be added to her DD Form 214.
2. Therefore, in the absence of such orders there appears to be no basis to grant her request to add the Army Commendation Medal (2nd Award) to her
DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of her service in arms.
__________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) AR20130004033
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