RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2007
DOCKET NUMBER: AR20060010343
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
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
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 the Army Achievement Medal be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, this would correct an administrative error for a faithful Soldier. The Army Achievement Medal was omitted from his DD Form 214.
3. The applicant provides a copy of his Army Achievement Medal certificate and his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 30 September 1995, the date of his separation from active duty. The application submitted in this case is dated 14 July 2006.
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 limitations 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 applicants failure to timely file.
3. The applicant's military records show that he enlisted in the Regular Army, in pay grade E-1, on 22 December 1972. He completed basic and advanced training and was assigned military occupational specialty, 31P (Teletypewriter Repairman). He was promoted to sergeant first class, pay grade E-7, on 1 October 1989.
4. The applicant was separated on 30 September 1995, in pay grade E-7, for Sufficient Service for Retirement and was transferred to the Retired Reserve.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the Defense Meritorious Service Medal; the Army Commendation Medal (3rd Award); the Joint Service Achievement Medal; the Army Good
Conduct Medal (6th Award); the National Defense Service Medal (2nd Award); the Noncommissioned Officer Professional Development Ribbon, with Numeral 3; the Army Service Ribbon; the Overseas Service Ribbon (3rd Award); the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar; and the Driver and Mechanic Badge, with Driver "W" Bar; The Army Achievement Medal is not shown on the applicant's DD Form 214.
6. A copy of award orders are not available in the applicant's service records; however, Item 9 (Awards, Decorations and Campaigns), of his DA Form 2-1 (Personnel Qualification Record, Part II), dated 14 July 1986, shows he was awarded the Army Achievement Medal.
7. The applicant provides a copy of the certificate, dated 12 September 1983, awarding him the Army Achievement Medal, for meritorious achievement, from 16 May 1983 through 16 June 1983 to support his request.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
9. Army Regulation 640-2-1, Table 3-1, Item 9 provides, the following instructions, "Enter all decorations, service medals, service ribbons, badges, oak leaf cluster, numeral devices, overseas service bars, and citations (including unit citations), both U.S. and foreign that individual is authorized.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the absence of appropriate orders, the applicant's DA Form 2-1 was appropriately posted to show he was awarded the Army Achievement Medal. The applicant provided a copy of his certificate showing he was awarded the Army Achievement Medal. Therefore, based on this evidence, the applicant is entitled to a correction of his DD Form 214 to show this award.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1995, the date of his separation from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 29 September 1998. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
_T_____ ___JGH__ __DLL___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL 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 by showing he was awarded of the Army Achievement Medal on 12 September 1983 and providing him corrected separation documents that includes this award.
____
CHAIRPERSON
INDEX
CASE ID
AR20060010343
SUFFIX
RECON
DATE BOARDED
20070221
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.25
2.
3.
4.
5.
6.
ABCMR Record of Proceedings (cont) AR20060010343
4
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BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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