ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  31 July 2019

	DOCKET NUMBER:  AR20170012012


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal and Army Good Conduct Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Letter from the National Personnel Records (NPRC) Letter
* Appointment to E-5 Certificate
* Army Commendation Medal 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 states he is trying to get his Army Commendation Medal (Not the Army of Occupation Medal) and his Army Good Conduct Medal. 

3.  He provides:

	a.  A letter, dated 12 April 2017, from NPRC informing him to apply to this Board for the Army Commendation Medal (erroneously mentioned as the Army of Occupation Medal). 

	b.  Certificate showing he was awarded the Army Commendation Medal for meritorious achievement, signed by Major General X on 10 May 1961 (nearly 2 years after his release from active duty). 

4.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/impartial review of this case.

5.  The applicant’s DD Form 214 shows: 

	a.  He was inducted into the Army of the United States on 1 August 1957.  At the time of his separation, he: 

* held military occupational specialty 763.10, Ordnance Supply Specialist
* he was assigned to Company A, 701st Ordnance Battalion, Fort Riley, KS

	b.  He was honorably released from active duty on 31 July 1959 due to expiration term of service.  He completed 2 years of active service.  

	c.  He was awarded or authorized the Good Conduct Medal. 

6.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  Aside from the absence of general/permanent orders for the Army Commendation Medal, the certificate provided by the applicant was awarded after his release from active duty.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  His DD Form 214 already shows he was awarded the Army Good Conduct Medal.  The service period covered by the Army Commendation Medal (ARCOM) was a period after the DD Form 214.  The Board agreed the ARCOM could be added to the DD Form 214 if it was awarded prior to the period covered by the form or encompassed a period covered by the form, but not after.  The Board determined there was no error or injustice in this case.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION

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.


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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012012


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