IN THE CASE OF:	

		BOARD DATE:	       11 AUGUST 2009

		DOCKET NUMBER:  AR20090005413 


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

2.  The applicant states, in effect, that the AAM he received was not included on his DD Form 214.

3.  The applicant provides a copy of the AAM certificate.

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.  In an earlier application to the ABCMR, which was considered by the ABCMR in Docket Number AR20040003653 on 15 March 2005, the applicant requested that several corrections be made to his DD Form 214, to include adding the AAM to this form. However, his request to have the AAM added to his DD Form 214 was overlooked and not discussed in the Record of Proceedings.  

3.  The applicant enlisted in the Regular Army on 25 July 1979.  He was honorably released from active duty on 24 July 1983.  His DD Form 214 did not show the AAM.  

4.  The applicant provided a copy of his certificate that shows he was awarded the AAM for meritorious service during the period 25 July 1981 to 24 July 1983 while serving as a team leader in First Platoon, Company C, 4th Battalion, 327th Infantry, 172nd Light Infantry Brigade, Fort Richardson, Alaska.  However, there are no permanent orders in his available file awarding him the AAM and the certificate does not contain an order number.  

5.  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 provided a certificate showing that he was awarded the AAM. However, absent orders authorizing him this ward, the certificate alone is not sufficient evidence to support correcting his records to show the award of the AAM.

2.  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)                                         AR20090005413





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005413



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1