IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019482 


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 Commendation Medal (ARCOM) 
* two awards of the Army Achievement Medal (AAM)

2.  He states he is missing the ARCOM and two AAMs that he received from the 
1st Battalion, 9th Field Artillery Battalion, 3rd Infantry Division, Fort Stewart, GA.

3.  He provides copies of his DD Form 214; medical documents, dated in 2012; and a supporting statement.

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 served in the Regular Army from 19 September 2002 to
17 February 2005.  He completed 2 years, 3 months, and 15 days of active service and he had approximately 43 days of lost time.

3.  His DD Form 214 shows his last duty assignment as 1st Battalion, 9th Field Artillery Battalion, Fort Stewart, GA.  Item 13 of this form does not show award of the ARCOM or the AAM.

4.  There are no recommendations, certificates, or orders in his Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) that show he was awarded the ARCOM or AAM.  Additionally, these awards are not listed on his Enlisted Record Brief.

5.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  Army Regulation 600-8-22 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:

The applicant's contention that he was awarded the ARCOM and two awards of the AAM is acknowledged; however, there is no official documentation showing he received these awards.  In the absence of such evidence, there is no basis for granting 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.



      _______ _   _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)                                         AR20120019482



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ABCMR Record of Proceedings (cont)                                         AR20120019482



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