IN THE CASE OF: BOARD DATE: 21 November 2022 DOCKET NUMBER: AR20220004110 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 November 1985, by adding his Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 his military record is missing his Army Commendation Medal. 3. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II), item 9 (Awards, Decorations and Campaigns) reflects the applicant was awarded the Army Service Ribbon. Item 9 is void of an entry for the Army Commendation Medal. 4. DD Form 214, for the period ending 26 May 1982, reflects in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that the applicant was awarded the Marksman Marksmanship Qualification Badge (M-16) and the Army Service Ribbon. 5. DD Form 214, for the period ending 7 November 1985, reflects in item 13 that the applicant was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge (M-16). 6. The applicant’s service record is void of orders awarding him the Army Commendation Medal. 1 ABCMR Record of Proceedings (cont) AR20220004110 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. 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 his request for award of the Army Commendation Medal. For that reason, the Board recommended that denying the requested relief was appropriate. 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. 2 ABCMR Record of Proceedings (cont) AR20220004110 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), 15 August 1979, 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. Army Regulation 635-5 stated the specific instructions for completion of item 13 are self-explanatory. //NOTHING FOLLOWS// 3