RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060012627
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. Gerard W. Schwartz
Acting Director
Mr. W. W. Osborn, Jr.
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward E. Montgomery
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she was awarded the Army Achievement Medal.
2. The applicant states, "I was awarded this medal for my efforts in a combat zone." My records should include all my achievements.
3. The applicant provides a copy of a certificate for the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 10 August 1993, the date of her release from active duty. The application submitted in this case is dated 24 August 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 enlisted and entered active duty on 13 February 1990. She completed training as a multi-channel transmission systems operator and she advanced to specialist (E4).
4. She was separated from active duty due to a reduction in authorized strength on 10 August 1993 and transferred to the Army Reserve in pay grade E-1. Item 13 of her DD Form 214 lists her authorized awards as the National Defense Service Medal, Army Service Ribbon, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal, Meritorious Unit Commendation and the Armed Forces Expeditionary Medal. It does not list the Army Achievement Medal. There are no orders for this award in the applicant's available records.
5. The award certificate provided by the applicant indicates that she was awarded the Army Achievement Medal for her service in Saudi Arabia from
1 November 1990 to 16 January 1991. The certificate does not identify the orders that authorized the award and the identification of the awarding official is missing.
6. Army Regulation 600-8-22 (Military Awards) 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 noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
7. The regulation also provides, at paragraph 126a(3) that, "Awards of decorations and the Good Conduct Medal made according to delegated authority will be announced in permanent orders by the commanders authorized to make the awards."
DISCUSSION AND CONCLUSIONS:
1. In the absence of orders there is insufficient evidence to demonstrate that the applicant was properly awarded the Army Achievement Medal.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 August 1993, the date of her release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 August 1996. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MJF __ __EM ___ __CLG__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
__ Curtis L. Greenway____
CHAIRPERSON
INDEX
CASE ID
AR20060012627
SUFFIX
RECON
DATE BOARDED
20070412
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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