BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140015947
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal.
2. The applicant states the above award was issued to her after her separation.
3. The applicant provides her DD Form 214, Request for Orders, and a certificate showing award of the Army Commendation Medal
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 applicants 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 applicants 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 service records are not available for review with this case. An exhaustive search was undertaken to locate her military records that are necessary for the processing of her application. Unfortunately, they could not be found. However, her service record contains a DD Form 214 and a DA Form 2-1 (Personnel Qualification Record) which are sufficient for the Board to conduct a review of her case.
3. The applicant's available records show she enlisted in the Regular Army on 28 February 1984 and she held military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).
4. It appears that following MOS training she was reassigned to an engineering unit at Fort Belvoir, VA. Item 9 (Awards and Decorations) of her DA Form 2-1 shows she was awarded the Army Service Ribbon, Noncommissioned Officer (NCO) Professional Development Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. She was honorably released from active duty on 30 January 1987. She was transferred to a troop program unit of the U.S. Army Reserve (USAR). Her DD Form 214 shows she was last assigned to the 809th Engineer Battalion, 4th Engineer Brigade, Fort Belvoir, VA. It also shows she was awarded or authorized the:
* Army Service Ribbon
* NCO Professional Development Ribbon
* Army Good Conduct Medal
6. Following her release from active duty, she enlisted in the USAR on 28 February 1990 and she was ultimately discharged from the USAR on 31 January 1996.
7. The applicant provides:
a. Request for Orders, dated 13 February 1987. The request is signed by the Assistant Adjutant of the 4th Engineer Brigade and requests publication of orders announcing award of the Army Commendation Medal to the applicant for meritorious service from 23 July 1984 to 27 February 1987.
b. A certificate, dated 17 February 1987, signed by a colonel identified as Commander of the 4th Engineer Brigade, showing the applicant was awarded the Army Commendation Medal for meritorious service from 23 July 1984 to
27 February 1987 while serving as a power generation equipment instructor.
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 him/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 for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.
2. The applicant submits a request for orders as well as a certificate for this award. The service indicated on the award certificate is consistent with her service; however, the orders that announced this award remain missing. It is unclear if permanent orders were ever published or if they were, why they were not filed in her service record. Nevertheless, it is clear that the chain of command's intent was to award her the Army Commendation Medal. As a matter of equity, her DD Form 214 should be corrected to show this award.
BOARD VOTE:
__x______ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to her DD Form 214 the Army Commendation Medal.
_______ _ 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) AR20140015947
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ABCMR Record of Proceedings (cont) AR20140015947
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