ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  18 January 2019

                   DOCKET NUMBER:  AR20170013573


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to:

*	list his date of entry on active duty as 18 February 1975
*	add his already awarded Army Commendation Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number 108-15, dated 6 December 1976
*	DA Form 2A (Personnel Qualification Record – Part I), with highlights
*	DD Form 214 (Report of Separation from Active Duty), ending 8 December 1976, 
with applicant's notes
*	DA Form 1695 (Oath of Extension of Reenlistment), dated 8 April 1980
*	DD Form 214, ending 2 July 1980

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  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 served from 18 February 1975 to 2 July 1980; his record 
should reflect this information.  In addition, he asserts he was awarded an Army 
Commendation Medal for his last duty station.  

3.  The applicant enlisted in the Regular Army on 19 February 1975.

4.  He was honorably discharged on 8 December 1976 so that he could immediately 
reenlist.  His DD Form 214 showed he completed 1 year, 9 months, and 20 days of net 
service during the period of the report.  His date of entry on active duty was listed as 
19 February 1975.
5.  He subsequently reenlisted on 9 December 1976.  

6.  The applicant was honorably released from active duty on 2 February 1980.  His DD 
Form 214 shows:

*	Item 12a (Date Entered AD (active duty) This Period) – "76/12/09" (9 December 
1976)
*	Item 12d (Total Prior Active Service) – 1 year, 9 months, and 20 days
*	Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle 
Bar (M-16); Sharpshooter Marksmanship Qualification Badge with Grenade Bar; 
Army Good Conduct Medal (1st Award)

7.  The applicant's available service record is void of any documentation reflecting the 
award of the Army Commendation Medal.

8.  Army Regulation (AR) 635-5 (Separation Documents), effective October 1973, 
required the issuance of a DD Form 214 each time a Soldier immediately reenlisted.  
Effective 1 October 1979, the regulation ended this requirement.

9.  AR 600-8-22 (Military Awards) requires for award of the Army Commendation Medal, 
a formal recommendation, approval through the chain of command, and announcement 
in orders.

BOARD DISCUSSION:

After reviewing the application, all evidence, and applicable references, the Board 
determined there was not a probable error or injustice.

1.  The applicant states he served from 18 February 1975 to 2 July 1980 and his record 
should reflect this information.  He enlisted in the Regular Army on 19 February 1975 
and was honorably discharged on 8 December 1976 so that he could immediately 
reenlist.  His DD Form 214 at that time showed he completed 1 year, 9 months, and 20 
days of net service during the period of the report, and his date of entry on active duty 
was listed as 19 February 1975.  He reenlisted on 9 December 1976 and served until 2 
February 1980.  In accordance with the applicable regulations in effect at the time, item 
12a (Date Entered AD (active duty) This Period) of his final DD 214 shows "76/12/09" (9 
December 1976).

2.  The Board conducted a complete review of all available service records and could 
not find any supporting documentation for the award of the Army Commendation Medal.




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.

SIGNATURE:

						 			___________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.

ADMINISTRATIVE NOTES:  Not Applicable




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.  AR 635-5, in effect at the time, prescribed the separation documents that had to be 
prepared for Soldiers on retirement, discharge, release from active duty service, or 
control of the Active Army.  It established standardized policy for preparing and 
distributing the DD Form 214.  Chapter 2 contained item-by-item instructions for 
preparation of the DD Form 214.  

*	item 12a – enter the beginning date of the continuous period of active duty for 
issuance of this DD Form 214 for which a DD Form 214 was not previously 
issued
*	item 12b – enter the Soldier’s transition date, less time lost
*	item 12c – enter the amount of active service this period, computed by 
subtracting item 12a from 12b, less time lost
*	item 12d – obtained from previously issued DD Forms 214, enter the total 
amount of prior active military service less time lost, if any

3.  Prior to 1 October 1979, Soldiers were issued DD Forms 214 when discharged for 
immediate reenlistment.  However, this practice was stopped effective 1 October 
1979 when the Army discontinued issuing a separate DD Form 214 upon a Soldier's 
discharge for the purpose of immediate reenlistment.

4.  AR 600-8-22 states the Army Commendation Medal is awarded to any service 
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.  This award may be awarded for 
combat related service or achievement after 29 February 1964.  Award of the Army 
Commendation Medal may be made for acts of valor performed under circumstances 
which are of lesser degree than required for award of the Bronze Star Medal.  These 
acts may involve aerial flight.  As with all personal decorations, formal 
recommendations, approval through the chain of command, and announcement in 
orders are required.


ABCMR Record of Proceedings (cont)	 AR20170013573

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