BOARD DATE: 22 September 2009 DOCKET NUMBER: AR20090007255 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, in effect, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his award of the Army Commendation Medal. 2. The applicant states, in effect, that he was awarded the Army Commendation Medal, but he has no record of receipt of the award. He also states that he was an officer in the Korean War and his records were not burned in the St. Louis fire. He would appreciate a search of his DA Form 201 (Military Personnel Records Jacket) for the Army Commendation Medal awarded to him for distinguished service. He further states that he even has a picture of the presentation ceremony. 3. In support of his application, the applicant provides copies of his WD AGO Form 165 (Enlisted Record – Enlisted Reserve Corps (ERC)), his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release for Active Duty or Retirement), his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), his DD Form 214, and a Standard Form 180 (Request Pertaining to Military Records). 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 records show he enlisted in the ERC on 9 November 1942 and entered on active duty on 4 March 1943. He served overseas in the European-African-Middle Eastern Theater of Operations from 15 September 1944 to 4 January 1945. He was honorably separated from active duty for the Convenience of the Government at Demobilization, in the rank of sergeant, on 9 March 1946. He was credited with 2 years, 8 months, and 12 of continental service and 3 months and 25 days of foreign service. 3. Entries on the applicant's WD AGO Form 53-55, Item 31 (Military Qualification and Date) lists the following awards: the Combat Infantryman Badge. Item 33 (Decorations and Citations) lists the following awards: the American Theater Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal. Item 55 (Remarks) lists award of the Honorable Service Lapel Button. 4. The applicant was appointed in the Officer Reserve Corps as a second lieutenant on 1 October 1950 and entered on active duty the same day. He was honorably released from active duty as a first lieutenant on 29 February 1952. He was credited with 1 year, 4 months, and 29 days of net active service and 5 months and 17 days foreign service. 5. Entries on the applicant’s DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards: the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, and the European-African-Middle Eastern Service Medal. The Army Commendation Medal is not listed. 6. There are no orders in his military personnel records awarding him the Army Commendation Medal. 7. The applicant's officer DA Form 201 is not available for the Board's review and therefore his service as an officer and what awards he might have earned for his assignments during his period from 1 October 1950 to 29 February 1952 cannot be verified. 8. Army Regulation 600-8-22 (Military Awards), provides for award of the Army Commendation Medal to any member of the Army after 6 December 1941, who distinguished himself/herself by heroism, meritorious achievement, or meritorious service. Award of the Army Commendation Medal could be made for acts of valor which were of lesser degree than required for award of the Bronze Star Medal. These may have involved aerial flights. 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 contention that he was awarded the Army Commendation Medal is acknowledged; however, the applicant provided no general orders showing he was awarded the Army Commendation Medal. No evidence was found in his service personnel record to support addition of the Army Commendation Medal to the applicant's DD Form 214. The documentation provided by the applicant is insufficient to form a basis for addition of this award to his DD Form 214. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. 3. Regrettably, in view of the foregoing there is no basis for granting the applicant's request. 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 that 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) AR20090007255 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090007255 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1