IN THE CASE OF: BOARD DATE: 27 August 2009 DOCKET NUMBER: AR20090005495 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 that his award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 December 1968. 2. The applicant states he was awarded the Army Commendation Medal but his DD Form 214 does not show the award. 3. The applicant provides copies of his citation for the Army Commendation Medal, his certificate for the Army Commendation Medal, and his DD Form 214 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's military personnel records show he enlisted in the Regular Army on 7 January 1966 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 72B (Communications Center Specialist). 3. The applicant was assigned to Company C, 125th Signal Battalion, in the Republic of Vietnam during the period from 26 February 1967 to 17 February 1968. 4. Headquarters, 25th Infantry Division, General Orders Number 524, dated 5 February 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period from February 1967 to February 1968. 5. On 23 December 1968, the applicant was released from active duty. He had completed 2 years, 11  months, and 17 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Army Commendation Medal. 6. On 11 February 2008, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added three awards to his DD Form 214. However, his Army Commendation Medal was not among those awards added. DISCUSSION AND CONCLUSIONS: Orders from Headquarters, 25th Infantry Division, show the applicant was awarded the Army Commendation Medal. Therefore, it is appropriate to add this award to his DD Form 214. BOARD VOTE: ____x____ ____x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add the Army Commendation Medal. ___________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) AR20090005495 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005495 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1