IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160019085 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: 5 September 2018 DOCKET NUMBER: AR20160019085 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: 5 September 2018 DOCKET NUMBER: AR20160019085 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 award of the Army Commendation Medal. 2. The applicant states he was awarded the Army Commendation Medal while serving in Vietnam; however, it was not listed on his DD Form 214 when he was processed for discharge at Fort Lewis, WA. He was told by the staff there to handwrite it in on his DD Form 214. However, when he applied for replacement medals, the records branch did not show he was awarded the Army Commendation Medal in his records. 3. The applicant provides copies of an Army Commendation Medal certificate and his 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. He was inducted into the Army of the United States on 15 April 1970 and he held military occupational specialty 52B (Power Generation Equipment Operator Mechanic). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) and item 38 (Record of Assignments) show he served in Vietnam from 19 May 1971 to 17 February 1972. b. Item 41 (Awards and Decorations) no entry awarding or authorizing him the Army Commendation Medal. 3. He provides a copy of a certificate, dated 4 January 1972, for award of the Army Commendation Medal for meritorious achievement during the period from May to July 1971. The certificate does not indicate it was approved by Permanent Orders on or before the date of the certificate. 4. He was honorably released from active duty on 18 February 1972. His DD Form 214 shows he completed 1 year, 10 months, and 4 days of active service, which included 8 months and 29 days of foreign service. His DD Form 214 also shows he was awarded and authorized the following awards: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. His available record is void of any orders awarding or authorizing him the Army Commendation Medal during his period of military service. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal Army Commendation Medal orders pertaining to the applicant. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation 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 is required. DISCUSSION: 1. The applicant contends he was awarded the Army Commendation Medal during his period of service in Vietnam. However, there are no orders for this award in his available records and ADCARS does not contain a copy of any orders awarding him the Army Commendation Medal. 2. The Army Commendation Medal is a personal decoration, which means, a certificate or a citations alone is not sufficient to justify the award. Personal decorations also require announcement in official orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019085 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019085 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2