IN THE CASE OF: 

		BOARD DATE: 7 June 2022

		DOCKET NUMBER: AR20210014717


APPLICANT REQUESTS: reconsideration of his previous request to correct his 
DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period 
ending on 29 September 1992, to add two Army Commendation Medals.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Army Commendation Medal Certificate, 17 May 1991 and 1 June 1991

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20080013499 on 26 March 2009.

2.  The applicant states after reviewing his DD Form 214 and DD Form 215 (Correction 
to DD Form 214, Certificate of Release or Discharge from Active Duty), it was noticed 
that both of his Army Commendation Medals were not added to his original 
DD Form 214. He received one Army Commendation Medal for valor for saving his unit 
from enemy fire. The other Army Commendation Medal was for meritorious service.

3.  On 17 May 1991, the applicant received an Army Commendation certificate for 
exceptionally meritorious service during Operation Desert Storm from 17 January 1991 
to 1 March 1991. The certificate is void of a permanent order number. 

4.  On 1 June 1991, the applicant received an Army Commendation certificate for 
exceptional bravery and superb marksmanship during the period 23-28 February 1991 
while serving as a Bradley fighting vehicle gunner while in Kuwait. The certificate is void 
of a permanent order number.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record –Part II), item 9 
(Awards, Decorations, and Campaigns) is void of an entry for the Army Commendation 
Medal.


6.  On 29 September 1992, the applicant was separated from active duty and 
transferred to the U.S. Army Reserve Control Group (Reinforcement). His 
DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) reflects the applicant was awarded or was authorized the:

*	Army Achievement Medal
*	Good Conduct Medal
*	National Defense Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Expert Marksmanship Qualification Badge with Rifle Bar
*	Sharpshooter Marksmanship Qualification Badge with Grenade Bar
*	Southwest Asia Service Medal with Three Bronze Service Stars
*	Kuwait Liberation Medal

7.  On 26 March 2009, the ABCMR considered the applicant’s request to correct his 
DD Form 214 to show he was awarded the Combat Infantryman Badge and the Army 
Commendation Medal with “V” Device. The applicant’s contention was carefully 
reviewed and found to have partial merit. 

	a.  Permanent orders show the applicant was awarded the Combat Infantryman 
Badge and is entitled to have his records corrected to show this award. 

	b.  There are no orders for the Army Commendation Medal with “V” Device in the 
applicant’s available records. Although he provided two award certificates for the Army 
Commendation Medal, there are no official orders awarding these awards. Therefore, 
there is no basis for amending his DD Form 214 to show the award of the Army 
Commendation Medal with “V” Device or any award of the Army Commendation Medal.

8.  On 16 July 2009, the applicant was issued DD Form 215. It reflects the Army 
Achievement Medal and the Kuwait Liberation Medal were deleted from his 
DD Form 214. The following awards were added to his DD Form 214:

*	Army Achievement Medal with 1 Oak Leaf Cluster
*	Combat Infantryman Badge
*	Kuwait Liberation Medal-Saudi Arabia
*	Kuwait Liberation Medal-Kuwait

9.  The applicant’s service record is void of permanent orders awarding the Army 
Commendation Medal with “V” Device or any award of the Army Commendation Medal.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. 
Awards/personal decorations are announced in orders. The Board noted that although 
he provides the certificates, he did not provide the orders that announced these two 
awards. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XX:	XX:	XX:	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 to amend the decision of the ABCMR set forth in Docket Number  
AR20080013499 on 26 March 20092.  

		  
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.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence. Paragraph 2-15 
provides that an applicant may request reconsideration of an ABCMR decision under 
the following circumstances:

		(1)  If the ABCMR receives the request for reconsideration within 1 year of the 
ABCMR's original decision and if the ABCMR has not previously reconsidered the 
matter, the ABCMR staff will review the request to determine if it contains evidence 
(including, but not limited to, any facts or arguments as to why relief should be granted) 
that was not in the record at the time of the ABCMR's prior consideration. If new 
evidence has been submitted, the request will be submitted to the ABCMR for its 
determination of whether the new evidence is sufficient to demonstrate material error or 
injustice. If no new evidence is found, the ABCMR staff will return the application to the 
applicant without action.

		(2)  If the ABCMR receives a request for reconsideration more than 1 year after 
the ABCMR's original decision or after the ABCMR has already considered one request 
for reconsideration, then the case will be returned without action and the applicant will 
be advised the next remedy is appeal to a court of appropriate jurisdiction.

2.  Army Regulation 600-8-22 (Military Awards), effective 5 March 2019, prescribes 
Army policy, criteria, and administrative instructions concerning individual and unit 
military awards.

	a.  Paragraph 1-27 (Announcement of Awards) states award of all decorations, 
except for the Medal of Honor, will be announced in permanent orders by the 
appropriate awards approval authority.

	b.  Paragraph 3-19 (Army Commendation Medal) 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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214.

	a.  The general instructions stated to ensure that all information entered on the 
DD Form 214 is accurate. Personnel officers will use the following source documents 
when preparing DD Forms 214 and other separation documents:

*	DA Form 201 (Military Personnel Records Jacket)
*	DA Forms 2 and 2-1 (Personnel Qualification Records)
*	separation orders
*	DD Forms 4 (Enlistment/Reenlistment Documents)
*	DA Form 3716 (Personnel Financial Record)
*	enlistment records and DD Forms 214 for prior service personnel
*	any other available records

	b.  The specific instruction for item 13 stated the entry is self-explanatory.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210014717


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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