IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007844 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 (Report of Separation from Active Duty) to show the Army Commendation Medal. 2. The applicant states: * he received the award some 2 or 3 months after his separation in 1974; for some reason it was not listed on his DD Form 214 * he has the medal and the certificate but he does not have the orders due to a fire that occurred 12 years ago; he saved the original certificate * he initially held a combat engineer specialty but his first sergeant requested him to take over the supply room (as an E-3) * he ran the supply room for 6 months until a new supply sergeant arrived (the old one had to leave due to mismanagement) * he took care of the supply room and the arms room, in and out of the field; he is very proud of his service * he had no idea he had been awarded the Army Commendation Medal until he received the green binder 3. The applicant provides: * DD Form 214 and Honorable Discharge Certificate * Certificate showing award of the Army Commendation Medal * Orders 71-107, dated 15 March 1977 (supply specialty) * Enlisted Evaluation Reports 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 enlisted in the Regular Army on 20 August 1974. He was formally trained in and held military occupational specialty (MOS) 12B (Combat Engineer). 3. He served in Germany from 11 January 1975 to 9 August 1977. He was assigned as a combat construction specialist to Company D, 23rd Engineer Battalion, 3rd Armored Division. 4. On 15 March 1977, the U.S. Army Regional Personnel Center in Hanua published Orders 71-107 awarding the applicant secondary MOS 76Y (Supply Specialist). 5. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 11 August 1977. He completed 2 years, 11 months and 22 days of active service. His DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. He provides a certificate, dated 8 July 1977, showing award of the Army Commendation Medal for meritorious service as a supply clerk and driver, Company D, 23rd Engineer Battalion, from 11 January 1975 to 9 August 1977. 7. His available service records do not contain orders awarding him the Army Commendation Medal. Additionally, his DA Form 2-1 (Personnel Qualification Record) does not list this award as an authorized award. 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 certificate for award of the Army Commendation Medal he submitted is noted. However, it is insufficient by itself to show he was awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) a formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of official orders or documentation confirming orders were published, there is insufficient evidence to correct his records to show this award. 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) AR20150007844 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007844 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1