IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100025101 


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 records to show he was awarded the Army Commendation Medal.

2.  The applicant states his award of the Army Commendation Medal was not listed by the National Personnel Records Center.

3.  The applicant provides copies of a certificate and citation showing he was awarded the Army Commendation Medal.

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.  On 16 September 1966, the applicant enlisted in the Regular Army for 2 years.  He completed training as a light weapons infantryman.  He was honorably discharged on 1 August 1967 to accept an appointment as a Reserve commissioned officer.

3.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he received shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant accepted an appointment as a second lieutenant in the U.S. Army Reserve (USAR) and was ordered to active duty on 2 August 1967.  He was transferred to Vietnam on 18 July 1968.

5.  The applicant returned to the United States on 7 July 1969.  He was released from active duty on 9 July 1969 and transferred to the USAR Control Group (Annual Training).  The DD Form 214 he received shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

6.  There are no orders contained in the applicant's official military record awarding him the Army Commendation Medal.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Army Commendation Medal.

8.  The applicant submits a certificate showing he was awarded the Army Commendation Medal on 14 July 1969.  He also submits a citation showing he was awarded the Army Commendation Medal for the period July 1968 through July 1969.

9.  Army Regulation 600-8-22 (Military Awards) states 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, distinguishes 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting documents have been considered.

2.  According to Army Regulation 600-8-22, announcement in orders are required for award of the Army Commendation Medal.  He has not submitted any orders showing he was awarded the Army Commendation Medal.

3.  There are no orders contained in his official military record awarding him the Army Commendation Medal.  A review of ADCARS failed to reveal orders awarding him the Army Commendation.

4.  In view of the foregoing, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20100025101



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ABCMR Record of Proceedings (cont)                                         AR20100025101



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