IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150005409 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, the widow of a deceased former service member (FSM), requests posthumous award of the Army Commendation Medal to her late husband and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states: * her husband passed away on 9 December 2013 and his wish was to have the missing medal added to his records * she has a copy of the original certificate for the period May 1968 through May 1969, signed by General E____ W. W____, the same time period he received his Bronze Star Medal for heroism and his Purple Heart * she was told by the National Personnel Records Center that they were unable to issue a replacement medal since he did not receive orders for the Army Commendation Medal, even though he was issued the certificate * her late husband earned this award through trial by fire under combat conditions in a theater of operations 3. The applicant provides: * Congressional correspondence * death certificate * marriage certificate * Army Commendation Medal Certificate * DD Form 214 * letter from the National Personnel Records Center, dated 24 November 2014 * letter from the National Archives and Records Administration, dated 1 December 2014 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 FSM was inducted into the Army of the United States on 12 December 1967. 3. The FSM served in Vietnam during the period 23 May 1968 through 18 May 1969 and he participated in four campaigns. While in Vietnam, he was assigned to: * Troop B, 314th Cavalry Regiment, 25th Infantry Division, from 1 June 1968 to 14 January 1969 * Headquarters and Headquarters Company, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, from 15 January 1969 to 18 May 1969 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Bronze Star Medal with "V" Device * Vietnam Service Medal * Combat Infantryman Badge (1st Award) * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. On 11 December 1969, the FSM was honorably released from active duty. His DD Form 214 does not show award of the Army Commendation Medal. 6. The applicant provided a copy of an undated Army Commendation Medal Certificate showing the FSM was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period May 1968 to May 1969. The approving authority signature is not legible. 7. The applicant provided Congressional correspondence in which the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, stated they were unable to verify the FSM's award of the Army Commendation Medal and orders awarding him the medal were required. 8. The applicant also provided letters from the National Personnel Records Center and the National Archives and Records Administration showing these agencies were unable to locate documentation verifying award of the Army Commendation Medal to the FSM. 9. 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 any orders pertaining to the FSM for award of the Army Commendation Medal. 10. 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: Although the applicant provided an undated copy of the FSM's Army Commendation Medal Certificate, she failed to provide evidence showing the award was approved. Without documentary evidence showing the proper authority approved the award, there is no basis upon which to grant the applicant's requested relief. 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) AR20150005409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005409 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1