IN THE CASE OF: BOARD DATE: 15 February 2023 DOCKET NUMBER: AR20220010281 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Army Commendation Medal and a Certificate of Appreciation. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) with cover letter, 13 July 2022 * Certificate of Appreciation, 16 November 1971 to 15 August 1973 * DD Form 214, 15 August 1973 * Army Commendation Medal Certificate, 15 August 1974 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, in effect, the Army Commendation Medal and Certificate of Appreciation were not added to his record prior to his discharge. He would like his record to reflect his commendatory service. 3. A review of the applicant's record and Army regulations show he meets the regulatory criteria for an additional award not currently listed on his DD Form 214. This award will be addressed through an administrative correction without action by the Board. 4. The applicant was inducted into the Army of the United States on 16 November 1971. 5. Special Orders Number 128, Headquarters, United States Army Strategic Communications (USASTRATCOM) Signal Group - Alaska,14 July 1972 awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45). 6. His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and contains the following information: a. Item 31 (Foreign Service) shows service in United States Army, Alaska (USARAL) from 10 March 1972 to 15 August 1973. b. Item 38 (Record of Assignments) shows, during his service in USARAL, he was assigned to the Fixed Signal Operations Company, APO Seattle 98749. c. Item 41 (Awards and Decorations) does not list the Army Commendation Medal. 7. The applicant provides an undated Certificate of Appreciation signed by President Richard Nixon. 8. The applicant was honorably released from active duty on 15 August 1973. His DD Form 214 shows 1 year, 9 months of net service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 9. The applicant's military record does not contain an order awarding him the Army Commendation Medal. 10. The applicant provides but his record does not contain a copy of an Army Commendation Medal Certificate, dated 15 August 1974, awarding him the Army Commendation Medal for meritorious service from 6 March 1972 to 12 June 1973 with Fixed Signal Operations Company, APO Seattle 98749. The certificate was signed/authenticated by: (1) Major General , Commander, USASTRATCOM and United States Army Communications Command (USACC). (2) Secretary of the Army, (Secretary of the Army from 1973 to 1975). 10. The applicant’s record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award). He received all excellent conduct and efficiency ratings. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him from the first award of the Army Good Conduct Medal. 11. Regulatory guidance states the Army Commendation Medal is awarded to servicemembers who distinguish themselves by heroism, meritorious achievement, or meritorious service. Formal recommendations, approval through the chain of command, and announcement in orders are required. Additionally, there is no provision to list a letter or certificate of appreciation on the DD Form 214 BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there was sufficient evidence the applicant was awarded the Army Commendation Medal for his meritorious service. During deliberation, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 16 November 1971 to 15 August 1973. However, the Board agreed the certificate of achievement is not provisioned to be listed on the DD Form 214. Based on this the Board determined partial relief was warranted for correction of the applicant’s record to show award of the Army Commendation Medal and the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 15 August 1973 by awarding him the * Army Commendation Medal and * awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 16 November 1971 to 15 August 1973 and adding the medal to his DD Form 214 for the period ending 15 August 1973. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding his Certificate of Appreciation to his DD Form 214. 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): A review of the applicant’s records shows he is authorized additional badges not annotated on his DD Form 214 for the period ending 15 August 1973. As a result, amend his DD Form 214 to add the Expert Marksmanship Qualification Badge with Pistol Bar (.45) 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. AR 600-8-22, 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. 3. Army Regulation (AR) 672-20 (Awards), paragraph 10–16, in effect at the time, states that acts or services which do not meet the criteria for decorations, or the various authorized certificates, may be recognized by written or oral expressions of commendation or appreciation. Copies of each letter or certificate of commendation or appreciation will be distributed to the individual’s Military Personnel Record per AR 600– 8–104 (Army Military Human Resource Records Management). There is no provision to list a letter or certificate of appreciation on the DD Form 214. 4. AR 672-5-1 (Awards), paragraph 33, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010281 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1