IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016571 


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 or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM).

2.  He states:

* he was awarded the AAM and given all corresponding paperwork
* he received a letter from the National Personnel Records Center (NPRC), dated 21 May 2010, which does not show this award in his military record
* he has committed to giving the medal to his son at his death

3.  He provides the following documents:

* a letter from the NPRC
* a DA Form 638-1 (Recommendation for Award (for Other Than Valor) of AAM, Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM))
* an award certificate for the AAM, dated 22 August 1993

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 17 July 1986 and he was released from active duty on 14 April 1988.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Army Achievement Medal as an authorized award.  

4.  His award certificate and DA Form 638-1 show he was awarded the Army Achievement Medal for meritorious achievement from 1 October 1992 through 19 June 1993 by Headquarters, 397th Engineer Battalion, Permanent Order Number 15-9, dated 21 August 1993.

5.  He continued to serve in the USAR until he was discharged on 17 May 1994.  

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Achievement Medal on 21 August 1993 while he was serving in the USAR.

2.  Based on Army Regulation 635-5, the DD Form 214 is meant to reflect his status on active duty from 17 July 1986 through 14 April 1988.  Since he was awarded the Army Achievement Medal while he was in the USAR, this award is not authorized to be recorded on his DD Form 214.  


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.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20100016571



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ABCMR Record of Proceedings (cont)                                         AR20100016571



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