IN THE CASE OF: BOARD DATE: 4 December 2012 DOCKET NUMBER: AR20120009505 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 the Army Commendation Medal Certificate was given to him. However, this medal was omitted from his DD Form 214. 3. The applicant provides copies of the Army Commendation Medal Certificate and his DD Form 214. 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. His military records show he was inducted into the Army of the United States on 11 September 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) and was promoted to the rank of specialist four/pay grade E-4. 3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a wheeled vehicle repairman assigned to the 576th Ordnance Company during the period 12 to 24 November 1970 and the 60th Ordnance Company from 25 November 1970 to May 1971 during his tour of duty in the Republic of Vietnam from 8 November 1970 to 27 May 1971. 4. His DA Form 20 does not list the Army Commendation Medal. 5. He was honorably released from active duty on 30 June 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 20 days of creditable active service. 6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Commendation Medal by proper authority. 7. He provides a copy of an Army Commendation Medal Certificate, dated 29 June 1971, showing he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from September 1970 to May 1971. 8. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for award of the Army Commendation Medal pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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 provided a copy of an Army Commendation Medal Certificate. However, he did not provide orders authorizing this award. 2. There is no evidence of record that shows he was awarded or recommended for award of the Army Commendation Medal. In the absence of orders, the Army Commendation Medal Certificate he provided is insufficient to correct his DD Form 214 to show this award. 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 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) AR20120009505 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009505 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1