ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:        27 March 2019

	DOCKET NUMBER:  AR20170006900


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his rank/pay grade as specialist four (SP4)/E-4
* award of the Army Commendation Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Army Commendation Medal certificate/citation 
* DD Form 214
* Honorable Discharge Certificate 

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 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's DD Form 214 reflects his rank/pay grade as SP4/E-4 with a date of rank of 18 May 1968.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  The Board will consider his request for correction of his DD Form 214 to show the Army Commendation Medal.   

3.  The applicant was inducted into the Army of the United States on 9 August 1967.  He served in Vietnam from 9 January 1968 to 6 January 1969.  

4.  His DA Form 20 (Enlisted Qualification Record) does not show an entry for the Army Commendation Medal in item 41 (Awards and Decorations).  

5.  His service record is void of orders authorizing the Army Commendation Medal to the applicant.  

6.  He was honorably released from active duty on 8 May 1969.  His DD Form 214 does not show the Army Commendation Medal.  

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders awarding the applicant the Army Commendation Medal.  

8.  He provided an Army Commendation Medal certificate/citation which indicates he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from 9 January 1968 to 8 January 1969.

9.  Award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and approval in orders.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and that found in the military service record, the Board found that the applicant’s current DD Form 214 already reflected the rank of Specialist 4 (SP4)/E4, so that portion of the request relating to the pay grade was denied.

However, the Board did find sufficient evidence to award the applicant the requested ARCOM and thus recommended that be added to his DD Form 214 to more accurately depict his military service.   

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Army Commendation Medal.
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his rank and pay grade to Specialist Four/E4.

	 
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 Army Board for Correction of Military Records (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.  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. 

ABCMR Record of Proceedings (cont)	 AR20170006900
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