IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080001208 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Armed Forces) and DA Form 2-1 (Personnel Qualification Record) to show award of the Army Achievement Medal (3rd Oak Leaf Cluster), the Good Conduct Medal (2nd Award), and the Armed Forces Expeditionary Medal.

2.  The applicant states, in effect, that the awards are not shown on his DD Form 214 and/or DA Form 2-1.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 23 April 1990;

	b.  DA Form 2-1, dated 1 February 1988 (Reviewed);

	c.  Permanent Orders 38-2, dated 4 March 1985; 21-4, dated 2 February 1989; 244-29, dated 25 November 1987; and certificates, awarding him three awards of the Army Achievement Medal; 

	d.  Certificate, dated 30 September 1988, showing award of the Army Achievement Medal;

	e.  Permanent Orders 166-304, dated 28 August 1989, award of the Good Conduct Medal (1st Award); and

	f.  Undated Certificate, showing participation in Operation Just Cause, Panama, from 20 December 1989 to 20 January 1990.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that the applicant enlisted in the Regular Army for a period of 3 years on 1 September 1983.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 77W (Water Treatment Specialist).  His records also show he reenlisted for a period of 4 years on 24 April 1986.  The highest rank/grade he attained during his military service was specialist f(SPC)/E-4.  He was honorably discharged on 23 April 1990.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with numeral 1, the Army Good Conduct Medal, and the Army Achievement Medal (2nd Oak Leaf Cluster).  Item 13 does not show award of the Armed Forces Expeditionary Medal, the Good Conduct Medal (2nd Award) or the Army Achievement Medal (3rd Oak Leaf Cluster).

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with numeral 1, the Army Good Conduct Medal, and the Army Achievement Medal (2nd Oak Leaf Cluster).  Item 9 shows award of the Armed Forces Expeditionary Medal. 



5.  The applicant's DD Form 214 shows he was awarded three awards of the Army Achievement Medal.  His records contain permanent orders awarding him these awards as follows:

	a.  Headquarters, 1st Infantry Division (Mechanized), Fort Riley, Kansas, Permanent Orders 38-2, dated 4 March 1985, show the applicant was awarded his first award of the Army Achievement Medal for meritorious achievement from 4 January 1985 to 19 January 1985; 

	b.  Headquarters, Personnel Service Center, Fort Riley, Kansas, Permanent Orders 21-4, dated 2 February 1989, show the applicant was awarded his second award of the Army Achievement Medal for meritorious service from 10 January 1984 to 2 September 1986; and

	c.  Headquarters, 2nd Infantry Division, Korea, Permanent Orders 244-29, dated 25 November 1987, show the applicant was awarded his third award of the Army Achievement Medal for meritorious service from 31 December 1986 to 26 December 1987.

6.  The applicant submitted a copy of certificate, dated 30 September 1988, showing he was awarded a fourth award of the Army Achievement Medal for meritorious achievement during the period 4 August 1988 to 7 August 1988, while a member of the 7th Infantry Division (Light), Fort Ord, California.  However, the applicant's records do not contain the permanent orders that awarded him this award.

7.  The applicant's records contain permanent orders that show he was awarded a fifth award of the Army Achievement Medal.  Headquarters, 7th Infantry Division (Light), Fort Ord, California, Permanent Orders 234-79, dated 11 December 1989, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 24 June 1989 to 4 August 1989.

8.  The applicant's DD Form 214 shows he was awarded one award of the Good Conduct Medal.  However, his records contain permanent orders awarding him two awards of the Good Conduct Medal as shown by Headquarters, 7th Infantry Division (Light), Fort Ord, California, Permanent Orders 166-304, dated 28 August 1989, that show the applicant was awarded the Good Conduct Medal (1st Award) from 1 September 1983 to 31 August 1986 and the Good Conduct Medal (2nd Award) from 1 September 1986 to 31 August 1989, for exemplary behavior, efficiency, and fidelity. 


9.  The applicant's records contain a certificate that shows he served in Panama in support of Operation Just Cause from 20 December 1989 to 20 January 1990. Furthermore, Item 27 (Remarks) of his DA Form 2-1 shows he served in an Imminent Danger Area (IDA) (Panama), from 20 December 1989 to 31 January 1990.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the Official Military Personnel File (OMPF) and prescribes instructions for preparing and maintaining for the DA Forms 2-1 and 2A.  In pertinent part, it states that the DA Forms 2-1 and 2A were the basic record for enlisted personnel and were prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant appears to have been awarded five awards of the Army Achievement Medal.  However, as with all personal decorations, announcement in orders is required, for each award requested.  Therefore, in the absence of permanent orders that show he was awarded his fourth award of the Army Achievement Medal, the certificate provided by the applicant is insufficient by itself to grant the applicant's request.

2.  Nevertheless, the applicant was in fact awarded yet another Army Achievement Medal prior to his discharge, which is not shown on his DD Form 214.  This award becomes, in effect, his fourth award of the Army Achievement Medal, and he is, therefore, entitled to correction of his records to show award of the Army Achievement Medal (3rd Oak Leaf Cluster).

3.  The evidence of record shows that the applicant was awarded two awards of the Good Conduct Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show award of the Good Conduct Medal (2nd Award).

4.  The evidence of record shows that the applicant served a qualifying period in Panama, during Operation Just Cause, for award of the Armed Forces Expeditionary Medal, which is not shown on his records.  Furthermore, this award is listed on his DA Form 2-1.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to correction of the applicant's DA Form 2-1, this form is prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, the Board will not direct that any changes be made to his DA Form 2-1.  If he should reenlist, he should take his supporting evidence to his personnel office so the appropriate information can be transferred to his newly-created DA Form 2-1.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "Army Achievement Medal (2nd Oak Leaf Cluster)" from Item 13 of the applicant's DD Form 214, dated 23 April 1990, and replacing it with the entry "Army Achievement Medal (3rd Oak Leaf Cluster); 

	b.  deleting the entry "Good Conduct Medal" from Item 13 of the applicant's DD Form 214, dated 23 April 1990, and replacing it with the entry "Good Conduct Medal (2nd Award)"; and

	c.  adding the entry "Armed Forces Expeditionary Medal" to Item 13 of the applicant's DD Form 214, dated 23 April 1990. 



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to updating the applicant's DA Form 2-1.



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       _    _______   ___
       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.

ABCMR Record of Proceedings (cont)                                         AR20080001208



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ABCMR Record of Proceedings (cont)                                         AR20080001208



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