AR20150009407

IN THE CASE OF:

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009407

BOARD VOTE:

___x_____ ___x___ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009407

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 the Army records of the individual concerned be corrected by adding award of the Army Commendation Medal and Army Good Conduct Medal (1stAward) to his DDForm214.

_____________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.

IN THE CASE OF:

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009407

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DDForm214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and Army Good Conduct Medal (1stAward).

2. The applicant states item24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DDForm214 is incorrect due to omission of all the medals he was awarded.

3. The applicant provides:

* DDForm214
* Army Commendation Medal Certificate and orders
* Army Good Conduct Medal (1stAward) orders

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the Regular Army on 13June 1966 for a period of 3years. He served as an administrative specialist in Germany from 7June 1967 to 15May 1969.

3. Headquarters, U.S.Army Europe and 7thArmy Troops, General Orders Number57, dated 5May 1969, awarded him the Army Commendation Medal for meritorious service during the periodJune 1967 to May 1969.

4. Headquarters, U.S.Army Europe and 7thArmy Special Troops Group, General Orders Number15, dated 15May 1969, awarded him the Army Good Conduct Medal (1stAward) for the period 13June 1967 to his date of separation on or about 23May 1969.

5. On 16May 1969, he was honorably released from active duty.

6. Item24 of his DDForm214 does not show the Army Commendation Medal or Army Good Conduct Medal (1stAward) as authorized awards.

REFERENCES:

Army Regulation635-5 (Separation Documents), in effect at the time, stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item24 of the DDForm214.

DISCUSSION:

Orders show the applicant was awarded the Army Commendation Medal and Army Good Conduct Medal (1stAward). His DDForm214 does not show these awards.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009407

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009407

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2