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ARMY | BCMR | CY2014 | 20140012550
Original file (20140012550.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140012550 


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 (Report of Separation from the Armed Forces of the United States) to show award of the Army Commendation Medal.

2.  The applicant states:

	a.  He was one of a group of draftees at White Sands Proving Ground, NM, who, in early 1951, took over from General Electric the task of building V-2 rockets and then firing the rockets for scientific purposes.  At that time, the V-2 was the biggest rocket "truck" capable of reaching higher altitudes to carry out upper atmospheric research.  His group was unique in that they directed their efforts in coordination with the agency for carrying out the experiment. 

	b.  References to his group can be found on pages 54 and 55 in The Rockets and Missiles of White Sands Proving Ground, 1945-1955, by Mr. GPK.  He was also sent to a Hollywood, CA, studio to make a recruitment film clip using the group's work to appeal to a science-oriented set of Army prospects.  He selected the footage and wrote the script for the movie.

	c.  He was the technical sergeant in charge of all the engineering details behind all their efforts.  The citation arrived with the Army Commendation Medal and from the citation he determined that Major AM was the one who initiated the award; he has since died.  He believes he received the award in 1953 after he was transferred from active service into the U.S. Army Reserve (USAR).  He had both his honorable discharge and his Army Commendation Medal for years; they survived approximately 10 moves during his employment with General Electric into his retirement.  It was sometime during their relocation to be near family in Illinois that he could no longer locate either item.

3.  The applicant provides his DD Form 214, a photograph, and a letter from the National Personnel Records Center, dated 27 June 2014.

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains, and he provided, his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 27 October 1950.  His most significant duty assignment (i.e. last unit of assignment) was with Detachment 2, 9393 Technical Service Unit (TSU), White Sands Proving Ground.   

4.  He was honorably released from active duty on 25 October 1952 and he was transferred to the U.S. Army Reserve.   Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Army Commendation Medal. 

5.  His reconstructed record is void of orders awarding him the Army Commendation Medal.

6.  The applicant provides a photograph of an Army Commendation Medal. 

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.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which includes the Army Commendation Medal.  

2.  The applicant's reconstructed record does not contain orders showing he was awarded the Army Commendation Medal.  Regrettably, in the absence of orders showing he was awarded the medal or documentation confirming such orders were published, there is no basis for granting his request for correction of his record 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 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)                                         AR20140012550



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ABCMR Record of Proceedings (cont)                                         AR20140012550



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