RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 JULY 2004
DOCKET NUMBER: AR2004100858
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Melvin Meyer | |Chairperson |
| |Mr. Thomas O'Shaughnessy | |Member |
| |Ms. Eloise Prendergast | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to
show award of two Army Achievement Medals.
2. The applicant states, in effect, that the awards were omitted from his
separation document.
3. The applicant provides copies of his Army Achievement Medal
certificates and a copy of his separation document.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 23 February 1984. The application submitted in this case
is dated 20 October 2003.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant entered
active duty on 17 August 1978. He was honorably discharged on 23 February
1984.
4. On 27 February 1984 the applicant was awarded an Army Achievement Medal
for meritorious service in support of Operation Athena while deployed to
Seneca Army Depot in New York. The certificate reflects the imprinted
signature of the Honorable John O. Marsh, Jr., who was Secretary of the
Army between 1981 and 1989. The applicant’s record does not contain any
orders confirming the award.
5. On 28 March 1984 the applicant was awarded his second Army Achievement
Medal. The award recognized his meritorious achievement during the period
3 November 1983 to 15 December 1983 while deployed in support of Operation
Urgent Fury in Grenada, West Indies. The award certificate also reflects
the imprinted signature of the Honorable John O. Marsh, Jr. His records do
not contain any orders confirming the award.
6. The applicant’s separation document does not reflect entitlement to
either Army Achievement Medal.
7. Army Regulation 600-8-22 states that Soldiers deployed to Grenada in
support of Operation Urgent Fury between 23 October and 21 November 1983
are entitled to an award of the Armed Forces Expeditionary Medal. His
separation document does not reflect this decoration.
DISCUSSION AND CONCLUSIONS:
1. While there are no orders in the applicant's available records awarding
him the Army Achievement Medals, the appropriate Secretary of the Army
signed his award certificates, and the period of service covered by the
award are consistent with the applicant's service. The fact that the
certificates were issued after the applicant’s separation from active duty
could explain the absence of the awards on his separation document. In the
absence orders, or evidence to the contrary, the Board accepts the
applicant’s award certificates as authentication of entitlement to two Army
Achievement Medals and in the interest of justice concludes it would be
appropriate to add the awards to his separation document.
2. The evidence also confirms that he is entitled to an award of the Armed
Forces Expeditionary Medal based on his participation in Operation Urgent
Fury. His records should be corrected accordingly.
BOARD VOTE:
___MM __ ___TO __ __EP___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:
a. by showing he was awarded two awards of the Army Achievement
Medal; and
b. by showing he is entitled to the Armed Forces Expeditionary Medal.
____ Melvin Meyer_____
CHAIRPERSON
INDEX
|CASE ID |AR2004100858 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040727 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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