IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020098
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 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal.
2. The applicant states he received the Army Commendation Medal on 11 June 1986 but it is not shown on his DD Form 214.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* 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 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 26 January 1984. He was trained in and held military occupational specialty 31V (Tactical Communications Systems Operator Mechanic).
3. He served in Germany from 15 June 1984 to 5 June 1986. He was assigned to Headquarters and Headquarters Battery (HHB), 2nd Battalion, 59th Air Defense Artillery. He attained the rank of specialist four/E-4.
4. He was honorably released from active duty on 25 January 1987. He completed 3 years of active service. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* Overseas Service Ribbon
* Army Lapel Button
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
5. He provides a certificate showing award of the Army Commendation Medal for meritorious service with HHB, 2nd Battalion, 59th Air Defense Artillery, from 25 June 1984 to 15 June 1986. The certificate is not assigned a permanent order number and/or was not accompanied by a permanent order.
6. There are no permanent orders in his service record to confirm this award.
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:
The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. The certificate by itself is insufficient to confirm this award. In the absence of orders or any other corroborating documents showing orders were published, there is an insufficient evidentiary basis for granting the applicant's 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) AR20140020098
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ABCMR Record of Proceedings (cont) AR20140020098
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