IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080005647 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Achievement Medal (AAM) and the "Connelly Award."

2.  The applicant states, in effect, that he received these awards when he served with the 295th Aviation Company at Coleman Barracks in Germany.  

3.  The applicant did not provide additional documentary evidence in support of this application.    

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.  On 10 September 1980, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 6 years.  On 29 September 1980, he was discharged from the DEP and enlisted in the Regular Army for 3 years.  He completed training requirements and was awarded military occupational specialty 94B (Cook).  On 20 September 1983, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 28 September 1986, he was honorably discharged from the USAR upon completion of his statutory military obligation. 
 
3.  The applicant was assigned to Germany from 18 May 1982 – 3 May 1983.  He performed duties as a cook with the 295th Aviation Company.

4.  There are no orders in the applicant's official records showing he was recommended for or awarded the AAM.  His DA Form 20 (Enlisted Qualification Record) does not show award of the AAM.  There is no evidence the applicant received the "Connelly Award." 

5.  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.

6.  The Philip A. Connelly Awards are cosponsored annually by the Department of the Army and the International Food Service executives Association (IFSEA).  Named after a former IFSEA president, the Philip A. Connelly Awards began in 1968 to recognize outstanding Army food service on the job.  The competition's 
5 categories are Active Army Small Dining Facilities (serving 200 or fewer per meal), the Active Army Large Dining Facilities (serving 201 or more), Active Army Field Kitchen in Field Operations, USAR Units and Army National Guard Units in Field Kitchen Operations.  The IFSEA provides the winner and runner-up trophies in each category and national recognition through the IFSEA organization.

7.  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.  The applicant served in the Regular Army from 29 September 1980 through 20 September 1983.  

2.  There is no evidence in the applicant's official record to show he was recommended for or awarded the AAM.  The applicant did not submit any evidence to support his contention that he received the AAM.  While the available evidence is insufficient for awarding the applicant an AAM, this in no way affects the applicant’s right to pursue his claim for the AAM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  There is no evidence in the applicant's record to show that he participated in the annual Philip A. Connelly Awards competition or that his unit won the competition in any of the categories.  For the applicant's information, this award is not listed in Army Regulation 600-8-22 as an approved Army award that is annotated on the DD Form 214.  

4.  Given the above, there is no basis to grant the applicant's request.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

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.




      ___        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)                                         AR20080005647





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ABCMR Record of Proceedings (cont)                                         AR20080005647



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