PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 October 2000   
	DOCKET NUMBER:   AR2000042628

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 award of the Army Commendation Medal.

3.  The applicant states that there was administrative confusion in forwarding the paperwork for this award.  In a letter of explanation attached to his application, he states that 20 years ago he was recommended for the award of the Army Commendation Medal.  But, due to a change in the chain of command for clearing the paperwork on such awards for reservists, the statute of limitations for the award expired and the paperwork was returned without action.  He contends that he recently found these documents and realizes that the regulation states that it is too late to receive the award.  However, this award is for his accomplishments, he claims that he earned it and would like to have it.  In support of his application, he submits a letter to a Member of Congress dated 
19 October 1999; a Recommendation for Award dated 21 February 1978; a DA Form 638 (Recommendation for Award) dated 10 February 1977; a DA Form 2496 (Disposition Form) dated 29 May 1979; a revised DA Form 638 (Recommendation for Award) dated 10 February 1979; a first endorsement for a Recommendation for Award dated 27 March 1979; a Return of Recommendation for Award dated 10 May 1979; a Return of Recommendation for Award dated 
7 May 1979; a Recommendation for Award dated 10 February 1979; and a DA Form 638 (Recommendation for Award) dated 10 February 1979.   

4.  The applicant’s military records show that he enlisted in the Army National Guard on 4 February 1947.  He was commissioned a second lieutenant on
27 July 1949 in the Officer Reserve Corps.  The applicant continued to serve in the Army National Guard and USAR until he was placed on the Retired list on 
1 February 1988 in the rank of colonel.

5.  There is no evidence in the applicant’s personnel records which shows he was awarded the Army Commendation Medal.  Item 21 (Awards and Decorations) on the applicant’s DA Form 66 (Officer Qualification Record) does not show entitlement to the Army Commendation Medal.

6.  The applicant provided a copy of DA Form 638 (Recommendation for Award), dated 10 February 1979, which shows he was recommended for award of the Army Commendation Medal for exemplary service from 12 May 1973 to 9 May 1977.  Records show the colonel in command of the Headquarters of the 5139th Logistical Command recommended approval of this award on 1 May 1979 and forwarded this recommendation to the Commander, 86th U.S. ARCOM.  However, on 7 May 1979, the DA Form 638 (Recommendation for Award) was returned by the Adjutant General of the 86th U.S. Army Reserve Command due to an administrative error in format procedures and requested that the deficiencies be corrected and resubmitted.  The applicant’s DA Form 638 (Recommendation for Award) was revised and resubmitted through his chain of command on 29 May 1979.  There is no indication in the applicant’s records that this recommendation was acted upon. 
7.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

CONCLUSIONS:

1.  Evidence of record shows the applicant’s initial DA Form 638 (Recommendation for Award), dated 10 February 1979, for award of the Army Commendation Medal for meritorious service for the period 12 May 1973 through 9 May 1977, was submitted in a timely manner and in accordance with the governing regulation.  

2.  However, this DA Form 638 was returned through the applicant’s chain of command due to an administrative error in format procedures.  The DA Form 638 was corrected and then resubmitted for consideration on 29 May 1979.  Since there is no evidence the recommendation was ever acted upon, it appears, this delay resulted in the DA Form 638 not being filed in a timely manner and no action was taken.      

3.  The Board notes that the administrative error in the format of the DA Form 638, which caused the delay in the processing of the recommendation for award of the Army Commendation Medal, was through no fault of the applicant.  

4.  The Board also notes that the applicant’s performance described in the proposed citation in the recommendation clearly supports the criteria for award of the Army Commendation Medal.  As a result, the Board determined that the DA Form 638, dated 10 February 1979, was sufficient as a basis for award of the Army Commendation Medal.  Therefore, the applicant is entitled to award of the Army Commendation Medal for meritorious service for the period 12 May 1973 to 
9 May 1977.    

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal.

BOARD VOTE:  

MKP____  EDC___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		        CHAIRPERSON

INDEX

CASE ID	AR2000042628	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19880201	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.