IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130019648
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 30 September 1968 to show the Army Commendation Medal.
2. The applicant states he was presented the Army Commendation Medal but it was not added to his DD Form 214.
3. The applicant provides an award citation.
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. Having had prior active service, the applicant enlisted in the Regular Army (RA) on 26 February 1955. He was discharged on 26 June 1958 for the purpose of immediate reenlistment.
3. He reenlisted in the RA on 27 June 1958 and he was discharged on 26 June 1964 for the purpose of immediate reenlistment.
4. He reenlisted in the RA on 27 June 1964. He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 31 August 1966. On 26 June 1967, he was discharged for the purpose of immediate reenlistment.
5. He reenlisted in the RA on 27 June 1967. He was retired on 30 September 1968 in the rank of SFC and he was transferred to the Retired List on 1 October 1968.
6. The DD Form 214 he was issued for this period of service does not show the Army Commendation Medal.
7. 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.
8. 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.
9. The applicant provides an undated Army Commendation Medal Citation, wherein it shows he was awarded the Army Commendation Medal for meritorious service during the period 20 April 1968 to 30 September 1968 while serving as a supply noncommissioned officer (NCO) at the U.S. Army Training Center, Fort Lewis, WA.
10. 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. (empasis added)
DISCUSSION AND CONCLUSIONS:
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 for the period ending 30 September 1968 to show award of the Army Commendation Medal.
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) AR20130019648
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ABCMR Record of Proceedings (cont) AR20130019648
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