RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 October 2007
DOCKET NUMBER: AR20070007947
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Mr. Chester A. Damian
Member
Mr. Ronald D. Gant
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of three Army Achievement Medals.
2. The applicant states that these awards were omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and an award certificate for each award.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 15 March 1990, the applicant enlisted in the Regular Army for 2 years. He completed his initial training and was awarded military occupational specialty 94B1O (Food Service Specialist).
3. The applicant provides an award certificate showing that he was awarded the Army Achievement Medal on 22 February 1991, for the period from 3 January to 23 January 1991. The corresponding orders are not available for review.
4. The applicant provides an award certificate showing that he was awarded the Army Achievement Medal on 18 April 1991, for the period from 4 March to
24 March 1991. The certificate indicates the award order number, but it is not available for review.
5. The applicant provides an award certificate showing that he was awarded the Army Achievement Medal on 5 December 1991, for the period from
25 November to 29 November 1991. Records provide a copy of Permanent
Orders 80-1, Headquarters, 2nd Brigade, 24th Infantry Division, Fort Stewart, Georgia, dated 5 December 1991, showing that the applicant was awarded the Army Achievement Medal as indicated on the award certificate provided by the applicant.
6. On 25 March 1994, the applicant was released from active duty. He had attained the rank of private first class (pay grade E-3) and had completed
4 years and 11 days of creditable active duty.
7. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Achievement Medal, Army Service Ribbon, Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded three Army Achievement Medals and has provided three certificates as evidence. One of the three awards is supported by a copy of orders contained in his records and has been properly entered on his DD Form 214. However, the certificates for the remaining two awards are not sufficient evidence by themselves, even though one of them does show an order number. Should the applicant have, or be able to obtain, copies of the orders awarding him the two remaining Army Achievement Medals, he may submit another application to this Board for reconsideration.
2. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ CD___ __RDG__ __CAD ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ Carmen Duncan ___
CHAIRPERSON
INDEX
CASE ID
AR20070007947
SUFFIX
RECON
DATE BOARDED
20071030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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