IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120008432 


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 the Army Commendation Medal and that he be issued the Army Commendation Medal.

2.  The applicant states he received the Army Commendation Medal for his service in Korea.  Due to the closeness of his discharge date, it was never added to his DD Form 214.  He was to receive the actual medal/ribbon but he never did.  He would like to receive it, as he was proud of his service in the Army.

3.  The applicant provides his DD Form 214, a certificate, and an award citation.

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 records show he was inducted into the Army of the United States on 12 December 1968 and he held military occupational specialty 71H (Personnel Specialist).  He served in Korea from 21 May 1969 to 14 July 1970 while assigned to the 1st Battalion, 31st Artillery, 7th Infantry Division.

3.  He was honorably released from active duty on 17 July 1970 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 6 days of creditable active service.

4.  The DD Form 214 he was issued does not show the Army Commendation Medal.  There are no orders in his records showing award of the Army Commendation Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Army Commendation Medal.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for the Army Commendation Medal pertaining to the applicant.

7.  The applicant provides a certificate, dated 7 July 1970, wherein it shows he was awarded the Army Commendation Medal for meritorious service in Korea during the period 26 May 1969 to 16 July 1970.

8.  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:

The evidence of record is void of orders showing the applicant was awarded the Army Commendation Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Army Commendation Medal.

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)                                         AR20120008432



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ABCMR Record of Proceedings (cont)                                         AR20120008432



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