IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080011452 


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 award of the Army Achievement Medal.

2.  The applicant states that she was promised the award by two staff sergeants for painting three murals in the dining facility in Wurzburg, Germany, in 1995, and that she spent her time, money, and effort to create the murals for them.  She adds that she never received the medal because she was flown back to the United States and was ultimately discharged for physical disability.  She further adds that the only evidence is the three murals inside the dining facility in Germany and her word.

3.  The applicant provides a self-authored statement, dated 23 June 2008, in support of her request.

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 she enlisted in the Regular Army for a period of 3 years on 2 June 1994.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  She was honorably discharged by reason of physical disability on 22 January 1996.  The highest rank/grade she attained during her military service was private first class (PFC)/E-3.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 13 does not show award of the Army Achievement Medal.

4.  There are no orders in the applicant's records that show she was awarded the Army Achievement Medal.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show she was awarded the Army Achievement Medal.

6.  In a self-authored statement, dated 23 June 2008, the applicant states that she was promised an award of the Army Achievement Medal during her assignment to the 103rd Military Intelligence Battalion in Germany for painting artistic murals inside the dining facility and creating visual posters that were laminated and decorated in the field to boast up morale.  She also states that she used her own material, time off, money, and was promised this award by two staff sergeants in her unit.

7.  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.

8.  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 and the applicant did not provide any evidence that shows she was recommended for and/or awarded the Army Achievement Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.

2.  Nevertheless, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.



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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)                                         AR20080011452





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ABCMR Record of Proceedings (cont)                                         AR20080011452



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