BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160004981 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 BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160004981 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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160004981 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal. 2. The applicant states he wants his record corrected because it is wrong. 3. The applicant provides his DD Form 214 and DD Form 15 (Correction to DD Form 214). 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 10 August 1983 and he held military occupational specialty 16P (Chaparral Crewmember). He reenlisted on 10 June 1986. 3. He served in Germany from 28 December 1983 to 19 June 1985 and in Korea from 7 January 1991 to 7 June 1992. 4. He was discharged on 4 March 1992 in accordance with chapter 10 (in lieu of trial by court-martial) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) with an under other than honorable conditions characterization of service. His DD Form 214 shows he was awarded or authorized: * Army Commendation Medal * Army Achievement Medal (2nd Oak Leaf Cluster) * Good Conduct Medal (2nd Award) * National Defense Service Medal * Overseas Service Ribbon * Army Service Ribbon * Noncommissioned Officer (NCO) professional Development Ribbon - 1 * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar 5. On 18 November 2005, he was issued a DD Form 215 that added the Korea Defense Service Medal to his DD Form 214. 6. His service records do not contain any orders awarding him the Army Commendation Medal. 7. His DA Form 2-1 (Personnel Qualification Record) does not reflect the Army Commendation Medal as an authorized award. REFERENCES: 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 him/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: Although his records do not contain orders awarding him the Army Commendation Medal, his DD Form 214 lists one award. There is no evidence of a second award. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004981 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004981 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2