IN THE CASE OF:	  

		BOARD DATE:	       23 APRIL 2009

		DOCKET NUMBER:  AR20080019341 


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 DD Form 214 (Certificate of Release of Discharge from Active Duty) to show award of the Army Achievement Medal (AAM).

2.  The applicant states he received the AAM on 5 April 1983 for meritorious service during the period 10 March 1983 to 15 March 1983.

3.  The applicant provides a copy of a certificate for award of the AAM, dated 5 April 1983, in support of his application.

CONSIDERATION OF EVIDENCE:

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 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 20 June 1979 for a period of 4 years.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 19E (armor crewman).  His highest grade held was specialist four/E-4.

3.  The applicant provided a certificate which indicates he was awarded the AAM on 5 April 1983 for meritorious service during the period 10 March 1983 to 15 March 1983 while serving as a tank driver for Company C, 3rd Battalion, 34th Armor.

4.  There are no orders available which authorize award of the AAM to the applicant.

5.  The applicant was honorably released from active duty on 10 June 1983 at his expiration of term of service.  His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Army Good Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AAM is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received the AAM on 5 April 1983 for meritorious service during the period 10 March 1983 to 15 March 1983.

2.  The applicant provided a certificate for award of the AAM.  Unfortunately, absent orders authorizing him award of the AAM, this certificate alone is not sufficient to support correction of his records to show award of the AAM.

3.  However, if the applicant has orders for award of the AAM, he is advised to provide a copy of these orders for reconsideration of his request.



BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________XXX____________
                 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.

ABCMR Record of Proceedings (cont)                                         AR20080019341



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ABCMR Record of Proceedings (cont)                                         AR20080019341



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