PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 February 1999                   
	DOCKET NUMBER:   AC98-12153
				   AR1998013628

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Army Commendation Medal.  He states that he received a Certificate of Commendation for the period 7 December 1940 through 5 July 1944 and the Army Commendation Ribbon.  He has never received the corresponding medal that was authorized at a later date.

3.  The applicant's military records show that he was ordered to active duty from the Army Reserve as a first lieutenant on 2 December 1940.  He was promoted to captain effective 1 February 1942, to major effective 2 September 1943, and to lieutenant colonel effective 3 March 1946.

4.  He was separated from active duty on 26 April 1946 as a result of demobilization and transferred to the Army Reserve.  Block 29 (Awards) listed on his WD AGO Form 53-98 (report of separation) are the American Theater Service Medal, American Defense Service Medal, Army Commendation Ribbon, and the World War II Victory Medal.

5.  A copy of the Certificate of Commendation provided by the applicant states that it was for outstanding performance of duty from 7 December 1942 through 5 July 1944.  It is signed by a lieutenant general and dated 21 January 1946.  There is no copy of a general order in the available record, or provided by the applicant that awards him the Army Commendation Ribbon.

6.  Army Regulation 600-8-22 provides the policy for individual military awards.  Paragraph 3-16 provides that the Army Commendation Medal may be provided to an individual commended after 6 December 1941 and before 1 January 1946 who received a certificate of commendation signed by a major general or higher. The regulation also provides that an award of the Army Commendation Ribbon by general orders was redesignated as award of the Army Commendation Medal.

CONCLUSIONS:

1.  Although the applicant’s certificate was signed 21 days beyond that specified in the regulation, and there is no order in the available record for the Army Commendation Ribbon, it appears that the Army Commendation Ribbon entry on his WD AGO Form 53-98 was an attempt by officials at the time to recognize the transition from certificates to the ribbon which had just been established on 18 December 1945.

2.  Notwithstanding the requirements specified in the regulation, the entry for the Army Commendation Ribbon has been in place on the applicant’s separation document for over 50 years and he has had a reasonable expectation that he is entitled to it.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That, as an exception to policy, all of the Department of the Army records related to this case be corrected by issuing orders for the individual concerned awarding him the Army Commendation Medal based on the award of the Certificate of Commendation.

BOARD VOTE:  

__CMF__  __MDM__  __BJE__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12153/AR1998013628	
SUFFIX		
RECON		
DATE BOARDED	19990224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.