BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018267 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018267 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding 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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018267 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. 2. The applicant states: a. He was awarded the Army Commendation Medal in June 1971. b. He requested a copy of his military records in March 2015, but when his military records arrived, the Army Commendation Medal was not listed. He contacted the National Personnel Records Center and provided evidence of his Army Commendation Medal. He received a reply stating there was no record for an award of the Army Commendation Medal in his file. c. He would like authorization to legally and honorably wear this award on appropriate military and national holidays. d. The Army Commendation Medal Certificate was signed on 14 June 1971. He was discharged on 3 June 1971. He suspects the Army Commendation Medal orders never reached his permanent file as it was in transit or already archived. 3. The applicant provides an Army Commendation Medal Certificate. 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 was inducted into the Army of the United States on 28 May 1968. On 3 June 1968, he was honorably discharged for immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army on 4 June 1968 for a period of 3 years. 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served as a communications center specialist assigned to the 586th Signal Company in Vietnam from 10 November 1968 to 9 November 1969. 5. Item 38 of his DA Form 20 further shows he was assigned to the 902d Military Intelligence Group in Falls Church, VA, from 9 December 1969 through 30 December 1969 and to the U.S. Army Intelligence Control Group, Fort Myer, VA, from 31 December 1969 through 3 June 1971. 6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Army Commendation Medal. 7. On 3 June 1971, he was honorably released from active duty. He completed 3 years and 7 months of total active service. 8. His DD Form 214 for the period ending 3 June 1971 does not show the Army Commendation Medal as an authorized award. 9. He provided an Army Commendation Medal Certificate, dated 14 June 1971, signed by the Department of the Army Assistant Chief of Staff for Intelligence showing he was awarded the Army Commendation Medal for meritorious service for the period December 1969 to June 1971. 10. There are no orders for award of the Army Commendation Medal in his military records. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. Awards of decorations will be announced in permanent orders by the appropriate awards approval authority. DISCUSSION: 1. The applicant contends he was awarded the Army Commendation Medal in June 1971 and he provided a copy of his Army Commendation Medal Certificate in support of his contention. There are no orders for award of the Army Commendation Medal in his military records. 2. The applicant has provided an Army Commendation Medal Certificate, dated 14 June 1971, signed by the Department of the Army Assistant Chief of Staff for Intelligence showing he was awarded the Army Commendation Medal for meritorious service for the period December 1969 to June 1971. The period shown on the certificate matches his final assignment, and the certificate is dated after his release from active duty. 3. The Board must determine if a preponderance of the evidence shows he was, in fact, awarded the Army Commendation Medal for his service from December 1969 to June 1971 and if it would be appropriate to add this award to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018267 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2