IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150002919 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Communications Zone Certificate of Achievement, Commendation Ribbon with Metal Pendant (currently known as the Army Commendation Medal), and any other awards to which he may be entitled.

2.  The applicant states he ordered a copy of his military records and discovered he never received the Certificate of Achievement or the Commendation Ribbon with Metal Pendant.

3.  The applicant provides:

* DD Form 4 (Enlistment Record – United States)
* DA Form 481 (Military Leave Record)
* DA Form 24 (Service Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* recommendation for promotion
* Report of Medical History
* Report of Medical Examination
* DA Form 638 (Recommendation for Award)
* award endorsement
* award citation


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 9 August 1954.  From 25 July 1956 through 11 July 1957, he was assigned to the Orleans Signal Service Company and the U.S. Army Signal Service Company, U.S. Army Europe (USAREUR), in France.

3.  A DA Form 638 shows on 15 April 1957 the cryptographic security officer recommended him for award of the Commendation Ribbon with Metal Pendant for meritorious service in support of the command post exercise from 20 March 1957 through 27 March 1957, including the installation and maintenance of all equipment used in the Cryptographic Center, while assigned as a cryptographic maintenance specialist in the Cryptographic Center, Headquarters, USAREUR, Communications Zone, France.

4.  Accompanying the DA Form 638 are four indorsements pertaining to the award recommendation which were sent through the applicant's chain of command with the award recommendation.  The first indorsement, dated 19 April 1957, is from the Commander, U.S. Army Signal Service Company, Orleans, to the Commanding Officer, Orleans Installation, U.S. Army Communications Zone. It states cognizance is taken of the basic communication within the recommendation for the Commendation Ribbon with Metal Pendant, but the Communications Zone Certificate of Achievement is considered the proper award in this particular case.

5.  On 26 April 1957, the Commander, Headquarters, Orleans Installation, U.S. Army Communications Zone, Europe, endorsed the packet, concurring with the lower echelon's recommendation by recommending approval of a Communications Zone Certificate of Achievement.  The packet was further endorsed on 10 and 11 June 1957, sending the award recommendation back down the chain of command to the unit for rewording the recommendation and citation to include the entire period of service.

6.  The applicant's records do not contain any documentation and he has not provided any indicating that either the Communications Zone Certificate of Achievement or the Commendation Ribbon with Metal Pendant were eventually approved.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DA Form 24 (Service Record) does not list the Communications Zone Certificate of Achievement or the Commendation Ribbon with Metal Pendant.

8.  On 26 July 1957, the applicant was released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the Army Good Conduct Medal.  No additional decorations or commendations are listed.

9.  Army Regulation 672-5-1 (Decorations and Awards – Decorations, Certificates, and Letters for Service), in effect at the time, stated:

	a.  The Commendation Ribbon with Metal Pendant may be awarded by any commander in the grade of major general or higher, by the heads of Headquarters, Department of the Army Staff agencies, or by a general officer commanding an organization normally commanded by a major general, to military personnel of the United States below the grade of brigadier general.  Awards under this delegation of authority should not normally be made for periods of meritorious service of less than 6 months in duration.  It may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army on or after 7 December 1941, distinguished himself or herself by 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.  Commanding officers may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel and U.S. civilian citizens a Certificate of Achievement.  The Certificate of Achievement may be devised locally by commanding officers and issued under such regulations as they may prescribe, may be printed or lithographed, and may bear reproductions of authorized insignia.

10.  Army Regulation 635-5 (Administrative Separation Procedures and Forms), in effect at the time, prescribed the separation documents that would be furnished to each individual who was separated from the Army, including active duty for training personnel, and established standardized procedures for preparation and distribution of these documents.  The instructions for item 26 stated to enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 from section 9 (Medals, Decorations, and Citations) of the DA Form 24 (Service Record).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect award of the Communications Zone Certificate of Achievement, the Commendation Ribbon with Metal Pendant, and any other awards to which he may be entitled was carefully considered.

2.  While records show he was recommended for award of the Commendation Ribbon with Metal Pendant, endorsements of the original award packet indicate commanders within his chain of command deemed award of the Certificate of Achievement more appropriate and recommended rewording the recommendation.

3.  Unfortunately, no further documentation in his military records indicates what ultimately transpired with the original recommendation for the Commendation Ribbon with Metal Pendant or the follow-on recommendation to award a Certificate of Achievement in lieu of the original award recommendation.

4.  There is no documentation in the available records and the applicant has not provided any approving either the Commendation Ribbon with Metal Pendant or Certificate of Achievement.

5.  The applicant was awarded the Army Good Conduct Medal for his service from 9 August 1954 through 26 July 1957.  There is no evidence indicating he is eligible for any other award or commendation not listed on 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 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)                                         AR20150002919



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ABCMR Record of Proceedings (cont)                                         AR20150002919



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