IN THE CASE OF: BOARD DATE: 25 September 2008 DOCKET NUMBER: AR20080011641 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal and the Meritorious Service Medal. 2. The applicant states, in effect, that he received the Army Commendation Medal, the Meritorious Service Medal, and numerous letters of commendation while stationed in Germany in 1978/1979. 3. The applicant provides no additional evidence in support of his application. 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 on 8 December 1975 and trained as an infantryman and administrative specialist. On 7 December 1979, he was released from active duty. 3. The applicant’s DD Form 214 does not show the Army Commendation Medal or the Meritorious Service Medal as authorized awards. 4. There are no orders for the Army Commendation Medal or the Meritorious Service Medal in the available records. 5. 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. 6. Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 7. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. This regulation provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. There is no evidence of record which shows the applicant was awarded the Army Commendation Medal. Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal in this case. 2. There is no evidence of record which shows the applicant was awarded the Meritorious Service Medal. Therefore, there is insufficient evidence on which to base award of the Meritorious Service Medal in this case. 3. The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ 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. _______ _ _______ ___ 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) AR20080011641 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011641 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1