IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080005406
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 that his Army Achievement Medal (AAM) and Overseas Medal [Overseas Service Ribbon (OSR)] be listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he was awarded the AAM and OSR, but the awards are not annotated on his DD Form 214, and that he is entitled to correct information on his DD Form 214.
3. The applicant provides a copy of his award certificate for the AAM.
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. The applicant's record shows he enlisted in the Regular Army on 7 April 1981. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 62B (Construction Engineer). The highest rank he attained while serving on active duty was specialist/pay grade E-4.
3. Item 7 (Last Duty Assignment and Major Command) of the applicants DD Form 214 shows was assigned to Company C, 293d Engineer Battalion, U.S. Army Europe.
4. Item 12f (Overseas Service) of the applicants DD Form 214 shows that he served overseas for a period of 1 year, 8 months, and 21 days.
5. Item 14 (Military Education) of the applicants DD Form 214 shows that he attended German Headstart for 2 weeks in 1983.
6. On 6 April 1985, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 4 years of active service.
7. The applicant submitted a copy of an AAM Certificate that shows that he was awarded the AAM for the period of service from 1 July 1983 to 19 March 1985 while assigned to the 293d Engineer Combat Battalion (Heavy).
8. The AAM and the OSR are not included in the list of awards contained on the applicants DD Form 214 issued on 6 April 1985.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AAM is awarded to members 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.
10. Army Regulation 600-8-22 prescribes the policy on Army awards and decorations. Paragraph 5-2 contains guidance on award of the Overseas Service Ribbon. It states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had active duty status as defined above on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the AAM and the OSR were carefully considered and found to have merit.
2. The evidence of record shows that the applicant was awarded the AAM. Therefore, his DD Form 214 should be corrected to show this award.
3. Records show the applicant served continuously in Germany for 1 year, 8 months, and 21 days. Therefore, he is entitled to award of the OSR.
BOARD VOTE:
____ X____ ___X_ ___ ___X_ ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Achievement Medal, and
b. awarding him the Overseas Service Ribbon.
____________X_____________
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) AR20080005406
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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