BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140017697 


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 item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) to show a "Distinguished Soldier" commendation.

2.  The applicant states he received a letter of commendation from Major General (MG) V____ F. W____, dated 27 December 1976, designating him as a "Distinguished Soldier."  However, the commendation is not listed in item 26 of his DD Form 214.

3.  The applicant provides a copy of the letter.

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 4 October 1974 for a period of 3 years.  He was awarded military occupational specialty 51K (Plumber).  He extended his enlistment commitment and established his expiration term of service date as 3 June 1978.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations and Campaigns) the:

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 3 June 1978 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 3 years and 8 months of total active duty service this period.  It also shows in item 26 the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

5.  A review of the applicant's military personnel records failed to reveal any evidence the applicant was authorized or awarded any other awards or decorations during the period of service under review.

6.  In support of his application the applicant provides a copy of a Letter of Commendation, dated 27 December 1976, that shows the Commanding General, (MG V____ F. W____), 9th Infantry Division, Fort Lewis, Washington, commended the applicant and designated him a "Distinguished Soldier" for his outstanding achievement on 5 November 1976 when he saved the life of a member of his unit.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.   

	a.  A review of the regulation fails to show "Distinguished Soldier" as a Department of Defense or U.S. Army award or decoration.

	b.  Chapter 10 (Certificates, Memorandums, and Letters), paragraph 10-16 (Letters of commendation and appreciation), provides that acts or services which do not meet the criteria for decorations or the various authorized award certificates may be recognized by written or oral expressions of commendation or appreciation.  A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form.  Such letters may be issued to military personnel.  Copies of each letter of commendation or appreciation will be distributed to the individual's military personnel file.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  The regulation contains item-by-item instructions for completing the DD Form 214.  It states for item 26, list awards and decorations for all periods of Army service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the letter of commendation, dated 27 December 1976, designating him a "Distinguished Soldier" should be added to item 26 of his DD Form 214.

2.  The evidence of record shows for item 26 of the DD Form 214 the instructions are to list awards and decorations specified in Army Regulation 600-8-22.

   a.  Army Regulation 600-8-22 does not list "Distinguished Soldier" as an authorized award or decoration.  In addition, the evidence of record fails to show that a letter of commendation is an authorized award or decoration.

   b.  Thus, the applicant is not entitled to entry of either "Distinguished Soldier" or "Letter of Commendation, dated 27 December 1976" in item 26 of his
DD Form 214.

3.  The applicant is advised that a copy of the Letter of Commendation, dated 
27 December 1976, will be filed in his Official Military Personnel File as a matter related to this Record of Proceedings.

4.  Therefore, there is no basis for granting the requested relief.

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)                                         AR20140017697



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017697



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1