IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150003200
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) for the period ending 8 December 1972 by adding an already-awarded Army Commendation Medal.
2. The applicant states, in effect:
* he was awarded an Army Commendation Medal in front of a battalion formation by his commanding officer, Colonel H, 76th Engineer Battalion, Fort George G. Meade (Fort Meade), MD
* he no longer remembers the designation of the unit from which he received this award
* he went through a divorce and his former spouse destroyed all of his copies of his military records
* he was completing paperwork for the Department of Veterans Affairs concerning exposure to Agent Orange when he discovered the Army Commendation Medal was missing from his DD Form 214
* in addition to his Army Commendation Medal, he also received a citation for fighting a fire while stationed in Thailand and a letter of commendation while assigned to a transportation unit in Thailand
* the Army Commendation Medal means a lot to him and he recalls he received it shortly before being discharged
* he still has the case which contains the ribbon and the medal; he was stationed at Fort Meade from February 1972 to December 1972
3. The applicant provides no additional documentary 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. The applicant's records show he enlisted in the Regular Army on 8 May 1967. He was honorably released from active duty on 8 December 1969 and immediately reenlisted on 9 December 1969. His DD Form 214 shows he completed 2 years, 7 months, and 1 day of net active creditable service with 2 months and 6 days of other service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following:
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
3. He was also honorably released from active duty on 8 December 1972. His DD Form 214 shows he completed 3 years of net active creditable service, with 2 years, 9 months, and 7 days of other service. Item 24 lists the following:
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* four overseas service bars
4. DA Form 20 (Enlisted Qualification Records) contains the following entries:
a. Item 31 (Foreign Service) shows the applicant was assigned to Thailand on two occasions:
* on or about 23 February 1968 to on or about 7 December 1969
* on or about 5 January 1970 to on or about 10 January 1972
b. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 76th Engineer Battalion, Ft Meade, from on or about 28 February 1972 to on or about 8 December 1972.
c. Item 41 (Awards and Decorations) lists the following:
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* six overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. The applicant's official military personnel file (OMPF) is void of any orders which would show he was awarded the Army Commendation Medal or any records indicating orders were published.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested, in effect, correction of his DD Form 214 for the period ending 8 December 1972 by adding an already-awarded Army Commendation Medal.
2. A review of the applicant's OMPF failed to reveal any orders or evidence which would support the applicant's contention. Additionally, the applicant states he was unable to provide any documentation which would validate the award. Based on the foregoing, the preponderance of the evidence fails to support the applicant's assertion he was awarded the Army Commendation Medal and, as such, there is an insufficient basis upon which to grant the requested relief.
3. In the event the applicant is able to obtain documents verifying he was awarded the Army Commendation Medal (such as orders) and can provide this proof within 1 year of the date of the Board's decision, his application can be reconsidered.
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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