IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080004883 


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 her records to show award of the Army Achievement Medal and the issuance of an Honorable Discharge Certificate.

2.  The applicant states that her Army Achievement Medal is not shown on her records. 

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 July 1986; and a copy of a certificate, dated 23 June 1986, showing award of the Army Achievement Medal. 

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 record shows she enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for a period of 8 years, in the rank/grade of private (PV2)/E-2 on 13 July 1984.  She agreed to serve on active duty for 2 years and upon completion of her active duty, she agreed to serve in the Ready Reserve in accordance with law and regulations in effect at the time.  

3.  The applicant’s records further show she was discharged from the DEP and enlisted in the Regular Army for a period of 2 years on 26 July 1984.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Police).  She was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 25 July 1986.  The highest rank/grade she attained during her military service was specialist four (SP4)/E-4.

4.  Item 13 (Decorations, Medals, Badges, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows she was awarded the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Item 13 does not show award of the Army Achievement Medal.

5.  There are no orders in the applicant’s personnel records to show that she was awarded the Army Achievement Medal.

6.  U.S. Army Reserve Personnel Center (USARPERCEN) St. Louis, Missouri Orders C-01-003124, dated 28 January 1987, relieved the applicant from the USAR Control Group (Annual Training) and assigned her to Headquarters and Headquarters Detachment, 3rd Battalion, 95th Regiment, 4th Brigade, Monroe, Louisiana, effective 7 February 1987.

7.  On 9 June 1988, Headquarters, 95th Division (Training), Midwest City, Oklahoma, published Orders 025-002, releasing the applicant from her current unit of assignment and assigned her to the USAR Control Group (Annual Training) effective 20 May 1988, by reason of unsatisfactory performance.

8.  On 7 July 1992, USARPERCEN published Orders D-07-226083, honorably discharging the applicant from the Ready Reserve, effective 12 July 1992.

9.  The applicant provided a copy of certificate, dated 23 June 1986, that shows she was awarded the Army Achievement Medal for exceptionally meritorious service during the period 11 December 1984 to 25 July 1986, while serving with the 977th Military Police Company, Fort Riley, Kansas.  

10.  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.

11.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records of the award of the Army Achievement Medal other than the certificate submitted by the applicant.  Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct the applicant’s records to show award of the Army Achievement Medal.

2.  While the available evidence is insufficient for awarding the applicant the Army Achievement Medal, this in no way affects the applicant’s right to pursue her claim for the Army Achievement Medal by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

3.  The evidence of records shows the applicant was honorably released from active duty on 25 July 1986, for completion of her period of service.  Subsequent to her separation, she was assigned to her USAR unit to complete her military service obligations (MSO) as her enlistment contract stipulated.  She was honorably discharged from the USAR on 7 July 1992.  Therefore, she is entitled to the issuance of an Honorable Discharge Certificate. 





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 issuing the applicant an Honorable Discharge Certificate.

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 award of the Army Achievement Medal.



      ___        XXX                ___
                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)                                         AR20080004883



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ABCMR Record of Proceedings (cont)                                         AR20080004883



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