IN THE CASE OF:	

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120019602 


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) for the period ending 4 June 1991 to show the Army Achievement Medal (AAM).

2.  The applicant states in December 2010 he received a letter from the National Personnel Records Center (NPRC), St. Louis, MO indicating he was authorized the AAM.  He is looking to confirm if he is authorized the AAM and if so, under what circumstances it was awarded.

3.  The applicant provides a letter from the NPRC.

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 Massachusetts Army National Guard (MAARNG) on 16 April 1987.  He completed training and he was awarded military occupational specialty 95B (Military Police).

3.  On 21 November 1990, he was ordered to active duty in support of Operation Desert Shield/Storm.  On 4 June 1991, he was honorably released from active duty at the expiration of his term of service to the control of the MAARNG.  He completed 6 months and 14 days of net active service this period.  The DD Form 214 he was issued at the time does not show award of the AAM.

4.  A review of his DA Form 2-1 (Personnel Qualification Record) and the remainder of his military personnel record failed to reveal any orders or other documents that indicate he was ever recommended for or awarded the AAM.

5.  He provides a letter from the NPRC, dated 31 December 2010, that lists the AAM among those awards being shipped to the applicant.

6.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves 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:

There is no evidence of record that shows the applicant was recommended for or awarded the AAM by proper authority.  Notwithstanding the NPRC letter indicating he was shipped the AAM, it appears an administrative error occurred that authorized the shipment of the AAM.  In the absence of orders or any other corroborating evidence, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120019602



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019602



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1