ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 May 2020

	DOCKET NUMBER:  AR20190006277


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty) to add the following awards to item 24 (Decorations, Medals, Badges, 
Commendations, Citations and Campaign Ribbons Awarded or Authorized):

*	Army Commendation Medal 
*	Army Good Conduct Medal (1st Award)


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application For Correction of Military Record), dated 
26 March 2019
*	General Order Number 02, dated 17 January 1974 
*	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 he received an Army Good Conduct Medal (1st Award) and an 
Army Commendation Medal upon his discharge, but neither of these awards were 
added to his DD Form 214.  

3.  The ABCMR will administratively correct the applicant's DD Form 214 to add the 
Army Good Conduct Medal (1st Award); therefore this portion of the applicant's request 
will not be further addressed.

4.  The applicant enlisted in the Regular Army on 20 January 1971.  His record does not 
contain any evidence or Vietnam or other foreign service.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) 
does not list the Army Commendation Medal.

6.  The applicant's record does not contain nor did he provide orders awarding his the 
Army Commendation Medal.  

7.  He was honorably released from active duty on 18 January 1974.  His DD Form 214 
does not list the Army Commendation Medal in item 24.  


BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions, the military service 
record, and regulatory guidance were carefully considered.  The Board members all 
agreed that the burden of proof lies with the applicant; however, he did not provide any 
supporting documentation and his service record has insufficient evidence to support 
award of the Army Commendation Medal.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the corrections be completed to more accurately depict 
the military service of the applicant.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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):  The applicant is authorized awards that were not 
recorded on his DD Form 214.  Correct the DD Form 214 for the period ending 
18 January 1974 by adding the Army Good Conduct Medal (1st Award).

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 ARCOM 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.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190006277

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