IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080000984
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 military records to show award of the Army Achievement Medal.
2. The applicant states, in effect, that he received the above award.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 22 February 1985; an Army Achievement Medal certificate, dated 28 February 1985; a DA Form 2-1 (Personnel Qualification Record Part II); and a letter from the National Personnel Records Center, dated 27 July 2005.
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. After having had prior service, the applicant enlisted in the Regular Army on 23 February 1982 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 13B (Cannon Crewman).
3. The applicant arrived in Korea and was assigned to B Battery, 2nd Battalion, 17th Field Artillery on or about 10 January 1984. He departed Korea on or about 20 February 1985.
4. On 22 February 1985, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) after completing 3 years of creditable active service.
5. The applicant's DD Form 214 with the period ending 22 February 1985 shows he was awarded the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
6. The applicant provided an Army Achievement Medal certificate, dated
28 February 1985, that shows he was awarded the Army Achievement Medal for meritorious service during the period 8 January 1984 through 22 February 1985.
7. There are no orders in the applicants service personnel records that show he was awarded the Army Achievement Medal. Item 9 (Awards and Decorations) of the applicant's DA Form 2-1 does not show award of the Army Achievement Medal.
8. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The applicant provided a certificate that shows he was awarded the Army Achievement Medal. However, there are no orders in the available records that verify the approving authority awarded the applicant the Army Achievement Medal. Unfortunately, the certificate by itself is insufficient evidence to show he was awarded the Army Achievement Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx __ __xxx___ __xxx___ 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.
_ xxxxxxxxxxxxx ____
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.
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