ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20170006503 APPLICANT REQUESTS: * correction of his DD Form 214 (Report of Separation from Active Duty) by adding his Army Commendation Medal * forward award certificates discovered in his record APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 1108, Section I, TC 439, dated 11 November 1975, issued by Headquarters, U.S. Army Recruiting Command, Fort Sheridan, IL * DD Form 214, period ending 10 October 1975 * Applicant’s memorandum to the National Archives and Records Administration (NARA), dated 21 May 2015 * Memorandum from the NPRC, dated 30 September 2015 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, the DD Form 214 filed upon his separation from the Regular Army was issued on 10 October 1975. The GO Number 1108, Section I, TC 439 was issued on 11 November 1975. He states he requested receipt of service awards from the NARA on 21 May 2015. He states, on 30 September 2015, he received a reply from the NPRC, stating they were forwarding a DD Form 149 on his behalf. The applicant adds he assumed the process would be a long one. He states while reviewing the paperwork sent to the Army Review Board Agency (ARBA), he noticed an error, made by the forwarding agency (NPRC), regarding his social security number (SSN). 3. The applicant provides: a. Copy of GO Number 1108, Section I, TC 439, dated 11 November 1975, issued by Headquarters, U.S. Army Recruiting Command, Fort Sheridan, IL, awarding the applicant the Army Commendation Medal, for the period of service 30 March 1973 to 10 October 1975. b. Copy of his DD Form 214, showing in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was authorized or awarded a National Defense Service Medal. c. Copy of the applicant’s letter to the National Archives and Records Administration (NARA), dated 21 May 2015, requesting copies of medals and commendations awarded to him during his military service. Within the memorandum, the applicant states he received the National Defense Service Medal as listed on his DD Form 214, but noticed his award of the Army Commendation Medal was not listed on his DD Form 214. The applicant requested the procedural steps to get his Army Commendation Medal added to his DD Form 214 and requested a copy of the award. d. Copy of the memorandum from the NRPC, dated 30 September 2015, informing the applicant the GO Number 1108, awarding him the Army Commendation Medal, was not located in his military record. The applicant was also informed the NPRC did not have the authority to review and approve amendments or corrections to his military records. The NPRC informed the applicant their office was forwarding his completed DD Form 149 to ARBA on his behalf. The memorandum contains a circle around the SSN with the last digit showing the number “9”. The applicant identified the last digit of his SSN should read “3.” 4. A review of the applicant’s service record shows: a. The enlisted in the U.S. Army Reserve (USAR) Control Group (Delayed Entry) on 5 October 1975. He enlisted in the Regular Army for 3 years on 13 October 1975. b. His DA Form 2-1 (Personnel Qualification Record – Part II), Item 9 (Awards, Decorations, & Campaigns), shows the applicant was authorized or awarded a National Defense Service Medal. c. The applicant’s service record was void of documentation showing he was authorized or awarded an Army Commendation Medal. d. Special Orders Number 182, dated 16 September 1975, issued by Headquarters, Fort Sheridan, IL, relieved the applicant from active duty and transferred him to the United States Army Reserve Control Group (Reinforcement) on 10 October 1975. e. His DD Form 214 shows he was honorably relieved from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) on 10 October 1975. It also shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was authorized or awarded a National Defense Service Medal. No additional awards were found in his records. He had 2 years, 11 months and 28 days of active service. 5. The memorandum to the applicant, issued by the NPRC on 30 September 2015, contained an error in the last number of the applicant’s SSN (that read a “9” instead of a “3). Army Regulation 15-185 (ABCMR), the regulation that governs the ABCMR states that the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. 6. Because the Board is not an investigative body and there is a presumption that what the Army did in your case was correct. Other evidence and/or documentation, in the absence of your military records, is not sufficient for a thorough review of your case. 7 By regulation (Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors Military Awards)), in part, the Army Commendation Medal is 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 by heroism, meritorious achievement or meritorious service. 8. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This Board will not consider this portion of the request. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. He was awarded the ARCOM; however, it was not listed on his DD Form 214. The Board agreed the award should be added to accurately reflect his service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to his DD Form 214 for the period ending 10 October 1975. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 672-5-1, provides, in part, the Army Commendation Medal is 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 by heroism, meritorious achievement or meritorious service. 3. Army Regulation 15-185 (ABCMR), the regulation that governs the ABCMR states that the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. You have the burden of clearly stating what error or injustice you want corrected and proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006503 4 1