IN THE CASE OF:	  

		BOARD DATE:	  23 February 2016

		DOCKET NUMBER:  AR20150008162 


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 was awarded this medal on 4 September 1979, almost 2 months after his discharge from the Army on 16 July 1979.  He received the medal at home after his discharge so it was never added to his DD Form 214.

3.  The applicant provides a certificate.

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 July 1976 and he held military occupational specialty 64C (Motor Transport Operator).
3.  He was honorably released from active duty on 16 July 1979 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued does not show the Army Commendation Medal.

4.  His record is void of orders awarding him the Army Commendation Medal.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Army Commendation Medal.

5.  The applicant provides an Army Commendation Medal Certificate, dated 4 September 1979, wherein it shows he was awarded the Army Commendation Medal for meritorious service during the period June 1977 to July 1979 while serving as a heavy vehicle driver.

6.  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 DD Form 214 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)                                         AR20150008162





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ABCMR Record of Proceedings (cont)                                         AR20150008162



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