ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20180015727 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Army Commendation Medal (2nd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) dated 27 September 2018 * DA Form 2-1 (Personnel Qualification Record) (2 pages) * DD Form 215 (Correction to DD Form 214) 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 upon previous correction of his military awards, he discovered that his DD Form 214 did not show the Army Commendation Medal (2nd Award). He found an old copy of his records with the second award indicated (i.e., an Army Commendation Medal with one Oak Leaf Cluster). He believes he was awarded three but can only prove two. 3. On 4 January 1984, Headquarters, United States Army Infantry Center, Fort Benning, GA, issued Permanent Orders 002-4 announcing award of the Army Commendation Medal to the applicant for meritorious achievement during the period 1 October 1982 to 30 September 1983. (Additional orders were issued later to correct the issuing date of the original permanent orders.) The order shows he was assigned to the 4th Airborne Training Battalion, United States Army Infantry School. 4. His record contains a partially legible Army Commendation Medal Certificate issued on 14 December 1983 showing he received the award for the meritorious achievement of being selected as the Senior Enlisted Instructor of the Year while assigned to the 4th Airborne Training Battalion, United States Army Infantry School. 5. His record does not contain orders announcing award of a second Army Commendation Medal to him. 6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows the entry "ARCOM 1st [Oak Leaf Cluster]" with "1st [Oak Leaf Cluster]" lined through. 8. On 30 November 1986, he retired. The DD Form 214 issued at that time did not list the Army Commendation Medal. 9. On 29 May 2018, a DD Form 215 was issued correcting his DD Form 214 by adding the Army Commendation Medal. 10. Army Regulation 600-8-22 (Military Awards) states 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 or herself by heroism, meritorious achievement, or meritorious service. For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded. As with all personal decorations, award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. His record is absent evidence he received permanent orders for more than one ARCOM. Based upon the preponderance of evidence, the Board determined there is insufficient evidence to grant relief. 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. ADMINISTRATIVE NOTE(S): Not applicable. REFERENCES: 2. 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 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 or herself by heroism, meritorious achievement, or meritorious service. For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded. As with all personal decorations, award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015727 3 1