ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20190008084 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) to show the Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 1 June 2019 * Army Commendation Medal Certificate, dated 31 December 1975 * DA Form 2-1 (Personnel Qualification Record – Part II) 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 (ABCMR) 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 was awarded the Army Commendation Medal after he separated from his duty station. He was allowed to take 30 days of annual leave during his last enlistment. He had processed out of the 25th Military Police Company, 25th Infantry Division, through prior to Christmas. He received the Army Commendation Medal through his home mail in January 1976. His records were not at his new duty station to show he was awarded the Army Commendation Medal on 31 December 1975. 3. Review of the applicant's service records shows: a. The applicant enlisted in the Regular Army and entered active duty on 21 January 1974. He held military occupational specialty 95B (Military Police). b. He served in Hawaii from 6 August 1974 to 19 December 1975. He was assigned to the 25th Military Police Company, 25th Infantry Division. c. He was honorably released from active duty on 20 January 1976, in the rank/grade of specialist four. His DD Form 214 shows he completed 2 years of active service and he was fully eligible to reenlist. It also shows he was awarded or authorized: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle Bar d. On 31 August 1978, he was issued a DD Form 215 (Correction to DD Form 214) that added to his DD Form 214 the Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Recoilless Rifle Bar e. The applicant did not provide General Orders or Permanent Orders awarding him the Army Commendation Medal. He provides a certificate, dated 31 December 1975, awarding him the Army Commendation Medal for exceptionally meritorious service from August 1974 to December 1975. 4. By regulation, award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted by awarding the applicant the ARCOM based upon the ARCOM certificate provided by the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by awarding and adding the ARCOM to his DD Form 214 dated 20 January 1976. 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 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008084 3 1