IN THE CASE OF: BOARD DATE: 16 June 2009 DOCKET NUMBER: AR20090001136 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 two Army Commendation Medals and an Army Achievement Medal. 2. The applicant states the awards were omitted from his DD Form 214. 3. The applicant provides three award certificates. 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 served in the Regular Army from 17 November 1988 through 15 July 1992. His DD Form 214 does not show any of the requested awards. 3. The applicant provided three award certificates. a. The Army Achievement Medal Certificate, dated 15 November 1991, does not reflect a permanent order number. b. Of the two Army Commendation Medal Certificates, dated 1 August 1991 and 31 March 1992, only the one dated 31 March 1992 reflects a permanent order number – Order 3-32, 1st Battalion, 3rd Field Artillery. 4. A review of the applicant’s hard copy military personnel records jacket and his microfiche official military personnel file failed to show any orders awarding the applicant two Army Commendation Medals and one Army Achievement Medal. 5. The Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, VA, has stated in previous cases of this type that Headquarters, Department of the Army (HQDA), directed permanent order numbers be shown on all award certificates effective 1 December 1990. 6. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the Army Commendation Medal and Army Achievement Medal require formal recommendation, approval through the chain of command, and announcement in orders. DISCUSSION AND CONCLUSIONS: 1. The applicant wants two Army Commendation Medals and an Army Achievement Medal added to his DD Form 214. His only evidence of entitlement is the three certificates he provided. 2. After December 1990, HQDA required order numbers be placed on all certificates. Only one of the applicant’s certificates contains an order number, the Army Commendation Medal awarded on 31 March 1992. The other two certificates do not have order numbers and there are no orders in the applicant’s records. 3. Personal decorations require formal recommendation, approval through the chain of command, and announcement in orders. 4. The applicant’s DD Form 214 should be corrected, but only as indicated below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding one Army Commendation Medal (for the period 27 March 1989 to 23 July 1992) to his DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding an additional Army Commendation Medal and an Army Achievement Medal to his DD Form 214. ____________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) AR20090001136 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001136 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1