IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017819 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: 2 May 2017 DOCKET NUMBER: AR20150017819 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. IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017819 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 the Army Commendation Medal and Army Service Ribbon. 2. The applicant states his DD Form 214 includes only the National Defense Service Medal. 3. The applicant provides his DD Form 214, Orders Number D-06-901708 discharging him from the U.S. Army Reserve, and DA Form 4037 (Officer Record Brief). 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 was appointed as a Reserve commissioned officer on 22 May 1970 with a concurrent call to active duty. His Officer Record Brief shows he completed initial entry training in September 1970 as a Petroleum Instructor in duty military occupational specialty 92F. 3. The Army released him from active duty on 21 January 1972 and transferred him to the U.S. Army Reserve Control Group (Annual Training) on the following day. His DD Form 214 shows the National Defense Service Medal. 4. He provided his DA Form 4037, dated 8 April 1987, that lists the Army Commendation Medal, National Defense Service Medal, and Army Service Ribbon in Section VIII (Awards and Decorations). 5. His service record does not contain a recommendation or orders awarding him the Army Commendation Medal. 6. He provided Orders Number D-06-901708 published on 19 June 1987 that honorably discharged him from the U.S. Army Reserve, effective 18 July 1987. 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. Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It shows the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. The DD Form 214 reflects the conditions that exist at the time the form is completed. DISCUSSION: 1. The applicant's Officer Record Brief lists the Army Commendation Medal under Awards and Decorations in Section VIII. However, the record does not show when he received this award, nor does the record contain orders for this award. If he was awarded the Army Commendation Medal for a period of service subsequent to the period covered by his DD Form 214 for the period ending 21 January 1972, it would not be authorized for entry on that form. 2. The evidence of record shows he served on active duty from 22 May 1970 to 21 January 1972 and was issued a DD Form 214 covering this period. Although the Army Service Ribbon is listed on his Officer Record Brief, the Army Service Ribbon was not established until 10 April 1981 and is not authorized to be recorded on his DD Form 214 for the period ending 21 January 1972, as the decoration did not exist at that time and was only authorized for award to Soldiers who had an active status on or after 1 August 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017819 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017819 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2