IN THE CASE OF:
BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20140021169
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 the Army Commendation Medal be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 December 1996.
2. The applicant states he was awarded the Army Commendation Medal in late 1996 for service while deployed to the National Training Center (NTC) at
Fort Irwin, CA. He was serving with the 3rd Battalion, 67th Armor Regiment,
4th Infantry Division.
3. The applicant provides no additional evidence.
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. On 20 July 1994, he enlisted in the Regular Army. On 6 January 1995, he was assigned to Company A, 3rd Battalion, 67th Armor Regiment, at Fort Hood, TX.
3. On 29 December 1996 while assigned to Headquarters and Headquarters Company, 3rd Battalion, 67th Armor Regiment, he was awarded the Army Achievement Medal for outstanding performance of duty in the field during NTC Rotation 96-10.
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not show he was awarded the Army Commendation Medal. There are no orders in his official military personnel file (OMPF) for award of the Army Commendation Medal.
5. On 12 December 1996, he was released from active duty. His DD Form 214 does not show he was awarded the Army Commendation Medal; however, it does show he was awarded the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. He contends he was awarded the Army Commendation Medal in late December 1996 for service while deployed to NTC, Fort Irwin, CA.
2. His DA Form 2-1 does not show he was awarded the Army Commendation Medal. There are no orders in his OMPF awarding him the Army Commendation Medal. Army regulations require that formal recommendations, approval through the chain of command, and announcement in orders are required for all personal decorations.
3. He was awarded the Army Achievement Medal on 29 December 1996 for service during NTC Rotation 96-10. It appears he was awarded the Army Achievement Medal and not the Army Commendation Medal for his meritorious service in December 1996. Only one decoration can be awarded for the same act, achievement, or period of meritorious service.
4. Therefore, there is insufficient substantive evidence to add the Army Commendation Medal to his DD Form 214.
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) AR20140021169
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