IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150000652
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 his records be corrected to show award of the Army Commendation Medal.
2. The applicant states he was awarded the Army Commendation Medal on 11 May 1970 in Phu Loi, Vietnam. He has the medal and case and a journal to his wife but not any official paper work.
3. The applicant provides a photo of the Army Commendation Medal and case and a portion of a personal journal.
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 served on active duty from 26 September 1968 through 26 July 1971 with service in Vietnam from 9 June 1969 to 8 June 1970.
3. His available service records do not include any reference to any awards.
4. His DD Form 214 (Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record) both list his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal with 2 bronze service stars.
5. Army Regulation 600-8-22 (Military Awards) provides that for award of all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The journal entry and medal with display case are insufficient to show the applicant was awarded the Army Commendation Medal. Unfortunately, this evidence does not confirm that the award was approved by the chain of command and announced in orders.
2. Without official documentation confirming that orders were published there is an insufficient basis upon which to grant 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.
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ABCMR Record of Proceedings (cont) AR20150000652
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