IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160017129 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: 22 August 2018 DOCKET NUMBER: AR20160017129 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: 22 August 2018 DOCKET NUMBER: AR20160017129 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 records and her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal. 2. The applicant states: a. She was awarded the Army Commendation Medal on 29 May 1981, but it was not listed in section 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214. b. Her award was signed by Major General W___ J. L___. c. She believes the short length of time between receiving the award and her honorable discharge caused the oversight in the medal being listed on her DD Form 214. d. Receiving the Army Commendation Medal was a major accomplishment for her and her records should correctly show all medals which reflect her dedication while serving a successful career. 3. The applicant provides: * Army Commendation Medal Certificate, dated 29 May 1981 * 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 16 June 1978. 3. Her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was assigned to Germany from 16 February 1979 to 10 June 1981 and she served with Company B, 8th Supply and Transport Battalion, 8th Infantry Division from 19 February 1979 to 10 June 1981. 3. On 10 June 1981, she was honorably released from active duty. She completed 2 years, 11 months, and 25 days of net active service. Her DD Form 214 shows she was awarded or authorized the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Army Good Conduct Medal 4. She provided a copy of her Army Commendation Medal Certificate, dated 29 May 1981, showing she was assigned to Company B, 8th Supply and Transport Battalion, 8th Infantry Division. This certificate states she was awarded the Army Commendation Medal for meritorious service for the period 19 February 1979 to 10 June 1981. 5. On 18 July 2018, ABCMR staff sent an email request to the applicant asking for copies of the order awarding her the Army Commendation Medal. 6. On 5 August 2018, she provided a copy of her Army Commendation Medal Certificate. On the same date, she was advised a copy of the orders awarding her the Army Commendation Medal were required. 7. On 6 August 2018, she provided a response indicating she could not find the orders awarding her the Army Commendation Medal. 8. Her records do not contain a recommendation for or orders authorizing the Army Commendation Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that 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: 1. The applicant contends she was awarded the Army Commendation Medal prior to separation and this award is not shown in her records or on her DD Form 214. 2. Her records do not contain a recommendation for or orders authorizing her award of the Army Commendation Medal. However, she did provide a copy of her Army Commendation Medal Certificate, which shows she was assigned to Company B, 8th Supply and Transport Battalion, 8th Infantry Division. This certificate states she was awarded the Army Commendation Medal for meritorious service for the period 19 February 1979 to 10 June 1981. This period is commiserate with her assignment to the same unit in Germany. 3. The Army Commendation Medal is a personal decoration and personal decorations require announcement in official orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017129 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017129 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2