IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150013157 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150013157 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. __________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. IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150013157 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 the Armed Forces of the United States) to show the Army Commendation Medal. 2. The applicant states all other medals and ribbons are shown on his DD Form 214 except for the one listed above. 3. The applicant provides his DD Form 214 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 military record is not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 and his reconstructed record contains his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States and entered active duty on 6 December 1951. His DD Form 214 shows his most significant assignment was with Company C, 31st Infantry Regiment, Korea, and he had 1 year, 1 month, and 10 days of foreign and/or sea service. 4. He was honorably released from active duty on 5 September 1953 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show the Army Commendation Medal. 5. The applicant provides an award citation, undated, from Headquarters, 7th Infantry Division, Korea, titled Award of the Commendation Ribbon with Medal Pendant, which shows, in part: a. The applicant, a member of Company C, 31st Infantry, distinguished himself by meritorious service during the period 1 January 1953 to 30 May 1953. During this period, the applicant performed his duties as squad leader in an exemplary manner. b. The applicant's diligent application to his duties and his aggressive enthusiasm served to instill confidence and heighten the morale of the men serving under him. The meritorious service of the applicant reflects great credit upon himself and the military service. c. This citation is signed by Warrant Officer Junior Grade (WOJG) CWC, Assistant Adjutant General. 6. His reconstructed record is void of orders awarding him the Army Commendation Medal. REFERENCES: 1. 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. 2. Title 10, U.S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10, U.S. Code, section 1130, the applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. 3. Title 10, USC section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, the applicant must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The governing Army regulation states that for personal decorations, to include the Army Commendation Medal, formal recommendation, approval through the chain of command, and announcement in orders are required. Although the applicant provides a citation for the Army Commendation Medal, his record is void of any orders that show he was awarded this medal. 2. A decision to deny relief would in no way affect his right to pursue his claim for this medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013157 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013157 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2