IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130010385
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 he was awarded the Army Commendation Medal.
2. The applicant states he has a picture and newspaper clipping showing himself receiving the Army Commendation Medal.
3. The applicant provides copies of a picture and newspaper clipping showing he received the Army Commendation Medal, and his DD Form 214.
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 on 6 June 1969. He completed training as an air traffic controller. He arrived in Vietnam on 31 January 1970.
3. The applicant departed Vietnam on 20 January 1971. After completing 2 years, 7 months, and 20 days of total active service the applicant was honorably released from active duty on 25 January 1972. He was transferred to the U.S Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
4. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Good Conduct Medal
* Vietnam Campaign Medal
* two Overseas Service Bars
5. A review of the available records failed to reveal any orders awarding him the Army Commendation Medal.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS, an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Army Commendation Medal.
7. The applicant provides a photograph of himself receiving an award. However, the award cannot be seen in the photograph. He also provides a newspaper article, which states that he received the Army Commendation Medal. The newspaper article is not completely legible.
8. 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.
9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9, provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although he provides a newspaper article stating he received the Army Commendation Medal, there are no orders in his record and he did not submit any orders awarding him the Army Commendation Medal.
3. As previously stated, for award of the Army Commendation Medal formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of the orders awarding the applicant the Army Commendation Medal, there is a reluctance to amend his DD Form 214.
4. In view of the foregoing, his request should be denied.
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) AR20130010385
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ABCMR Record of Proceedings (cont) AR20130010385
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