IN THE CASE OF: BOARD DATE: 11 October 2023 DOCKET NUMBER: AR20230002930 APPLICANT REQUESTS: to be awarded the Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty), 2 February 1975 * DD Form 214, 29 April 1977 * Honorable Discharge Certificate, 29 April 1977 * Army Commendation Medal Certificate, 12 May 1977 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), 1 April 1978 * NGB Form 22A (Correction to NGB Form 22), 15 October 1979 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 her DD Form 214 does not show she was awarded the Army Commendation Medal for service from 5 December 1975 to 29 April 1977. The Army Commendation Medal was awarded but not shown on her DD Form 214. Also, she did not receive the actual medal. 3. A review of the applicant's official military record shows the following: a. She enlisted in the Regular Army (RA) for 3 years on 28 June 1972. b. DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record - Part II) does not show an entry for the Army Commendation Medal. c. On 2 February 1975, DD Form 214 shows the applicant was honorably discharged to immediately reenlist in the RA. d. On 3 February 1975, DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows she reenlisted in the RA for 4 years. e. On 29 April 1977, the applicant was honorably discharged from the RA. She completed 2 years, 2 months, and 27 days net active service this period and 2 years, 7 months, and 5 days prior active service. DD Form 214 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Army Good Conduct Medal (27 June 1975). f. NGB Form 22 shows the applicant was honorably discharged form the Alaska Army National Guard on 1 April 1978. This form is also void of an entry for the Army Commendation Medal. g. On 15 October 1979, NGB Form 22A corrected the applicant's NGB Form 22 to show she was discharged from the Alaska Army National Guard effective 15 May 1978, and her net service this period was amended to show 1 year and total service for pay 5 years, 10 months, and 2 days. 4. The applicant's record is void of Permanent Orders (PO) awarding her the Army Commendation Medal and the certificate she provided does not show a PO number. 5. The applicant provides an Honorable Discharge Certificate which shows she was discharged on 29 April 1977, and an Army Commendation Medal Certificate which shows she was awarded the Army Commendation Medal (no PO number). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that 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 to show the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious service as Director of Industrial Operations, while assigned to Fort Richardson, Alaska. Based on this, the Board granted relief to correct the applicant’s record to reflect award of the ARCOM and issuance of the medal set.. 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 amending her DD Form 214 for the period ending 29 April 1977 to show award of the Army Commendation Medal and issuance of the medal set. 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): N/A REFERENCES: 1. Title 10, USC, 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 (AR) 15–185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that 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. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency. 3. AR 600-8-22 (Military Awards) prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 1–27 (Announcement of awards) states, the award of all decorations, except for the Medal of Honor, will be announced in Permanent Orders by the appropriate awards approval authority. b. The Army Commendation Medal is awarded to any Servicemember 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. 4. AR 635-5 (Separation Documents) prescribes the separation documents that are furnished to individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training or full- time training duty and U.S. Military Academy cadets. The instructions for item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) state, this item covers the entire Army service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002930 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1