IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150003917 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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Army Commendation Medal * Meritorious Unit Commendation 2. The applicant states his records do not reflect these awards. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Army Commendation Medal Certificate and Citation * Headquarters, Department of the Army, General Orders Number 13, dated 22 May 1974 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 in the Regular Army on 28 October 1966. 3. On 8 February 1967, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for being absent without leave on or about 5 February 1967 to on or about 6 February 1967. 4. Headquarters, 1st Battalion (Reinforcement), 3d Infantry Regiment (The Old Guard), Special Orders Number 222, dated 12 November 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Headquarters, 1st Battalion (Reinforcement), 3d Infantry Regiment (The Old Guard), Special Orders Number 181, dated 23 September 1969, awarded him the Expert Infantryman Badge. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – he was assigned to Company C, 1st Battalion (Reinforcement), 3d Infantry Regiment (The Old Guard), from 18 April 1967 to 27 October 1969 * item 41 (Awards and Decorations) – he was awarded or authorized the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 27 October 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 8. He provided copies of his Army Commendation Medal Certificate and Citation, dated 4 March 1970, which show he was awarded the Army Commendation Medal for meritorious service during the period April 1967 through October 1969 while assigned to 1st Battalion (Reinforcement), 3d Infantry Regiment (The Old Guard). 9. On 6 April 1970, he was issued a DD Form 215 correcting his date of birth and adding award of the Army Good Conduct Medal and Expert Infantryman Badge. 10. He also provided a copy of Headquarters, Department of the Army, General Orders Number 13, dated 22 May 1974, showing 1st Battalion, 3d Infantry Regiment, was awarded the Meritorious Unit Commendation for exceptionally meritorious achievement during the period 20 January 1969 to 26 January 1973. 11. His records are void of orders awarding him the Army Commendation Medal. On 12 November 2015, the ABCMR contacted the applicant and requested a copy of the orders awarding him the Army Commendation Medal. 12. On 18 November 2015, the applicant provided a response and stated: * he does not have a copy of the orders awarding him the Army Commendation Medal * the local Department of Veterans Affairs completed his paperwork 13. The U.S. Army Center of Military History Unit History on Lineage and Honors shows 3d Infantry Regiment (The Old Guard) was awarded the Meritorious Unit Commendation for service in Washington, DC, for the period 1969 through 1973. 14. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. Although the applicant provided copies of his Army Commendation Medal Certificate and Citation, he failed to provide orders issuing the award. In the absence of orders, there is an insufficient evidentiary basis to grant the requested relief. 2. Records show his unit, 3d Infantry Regiment (The Old Guard), was awarded the Meritorious Unit Commendation for the period 1969 through 1973. His DD Form 214 should be corrected to show this unit award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 award of the Meritorious Unit Commendation to his DD Form 214. 2. The Board further determined 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 award of the Army Commendation 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) AR20150003917 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003917 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1