IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170007250


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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:  18 January 2019

		DOCKET NUMBER:  AR20170007250


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty) to show award of the Army Commendation 
Medal.

2.  The applicant states he was awarded an Army Commendation Medal while he 
was serving on active duty and it doesn't appear on his DD Form 214.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records.

2.  Evidence from the applicant's service record and Department of the Army and 
Department of Defense records and systems:

*	DA Form 2-1 (Personnel Qualification Record – Part II)
*	DD Form 214

REFERENCES:

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.

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.

DISCUSSION:

1.  While 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, and 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.  His DA Form 2-1 shows he served in Saudi Arabia from 4 January 1991 
through 16 August 1991 while assigned to the 864th Engineer Battalion with duty 
with the 416th Engineer Command.

3.  His records do not contain orders awarding him the Army Commendation 
Medal.

4.  His DA Form 2-1 does not show award of the Army Commendation Medal.

5.  He was honorably released from active duty on 1 April 1992.  His 
DD Form 214 does not show award of the Army Commendation Medal.

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.

												 
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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170007250


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2