ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:     19 March 2020DOCKET NUMBER:  AR20190015213 


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) by adding the Commendation Ribbon with  
Medal Pendant (currently recognized as the Army Commendation Medal). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214

.Citation



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant's complete military record is not available to the Board for review.  Afire destroyed approximately 18 million service members' records at the NationalPersonnel Records Center in 1973.  It is believed that his records were lost or destroyedin that fire.  However, there were sufficient documents on file for the Board to conduct afair and impartial review of this case.  This case is being considered primarily using hisDD Form 214 and documents provided by applicant.

3.The applicant was inducted into the Army of the United States on 9 May 1951.

4.Evidence shows he served in Korea.  His most significant duty assignment was with
Battery B, 158th Field Artillery Battalion.

5.The applicant was honorably released from active duty on 9 February 1953.  TheDD Form 214 he received shows he was awarded or authorized the:

.Korean Service Medal with 1 bronze service star

.United Nations Service Medal


.1 Overseas Service Bar



6.The applicant's record is void of orders showing he was awarded the commendation.
However, he did provide a copy of a citation from Headquarters, 45th Infantry Division
to accompany award of the Commendation Ribbon with Medal Pendant.  The citation
states the applicant distinguished himself by meritorious achievement, in Korea, from
22 December 1951 to 19 October 1952.

7.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.

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 citation provided by the applicant.  

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XX :XX :XX 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 9 February 1953. 


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. 



REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation 15-185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.The ABCMR will decide cases on the evidence of record.  It is not an investigative body.Applicants do not have a right to a hearing before the ABCMR.  The Director or theABCMR may grant a formal hearing whenever justice requires.  Additionally, applicantsmay be represented by counsel at their own expense.

3.Paragraph 2-9 contains guidance on the burden of proof.  It states that the ABCMRbegins its consideration of each case with the presumption of administrative regularity,which is that what the Army did was correct.  The ABCMR is not an investigative bodyand decides cases based on the evidence that is presented in the military recordsprovided and the independent evidence submitted with the application.  The applicanthas the burden of proving an error or injustice by a preponderance of the evidence.

4.Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medalmay be awarded to any member of the Armed Forces of the United States who, whileserving in any capacity with the Army after 6 December 1941, distinguishes himself orherself by heroism, meritorious achievement, or meritorious service.  As with allpersonal decorations, formal recommendations, approval through the chain ofcommand, and announcement in orders are required.

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