IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080012436
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 his Certificate of Release or Discharge from Active Duty (DD Form 214) to show all three of his Army Achievement Medals.
2. The applicant states that his DD Form 214 only shows two of his Army Achievement Medals.
3. The applicant provides copies of his three Army Achievement Medal certificates.
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. On 24 September 1996, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 62J (General Construction Equipment Operator). He was subsequently assigned for duty with the 307th Engineer Battalion.
3. The Army Achievement Medal (AAM) certificates, provided by the applicant, shows that Permanent Orders 27-7, Headquarters (HQ), 307th Engineer Battalion, Fort Bragg, NC, dated 5 May 1998 awarded the applicant the AAM for his dedication, service, and unparalleled motivation from 1 to 13 April 1998.
4. On or about 2 September 1999, the applicant was deployed to Kosovo. He returned to the United States on or about 8 March 2000 for duty at Fort Bragg. He had served overseas for a period of 6 months and 7 days.
5. The AAM certificate, provided by the applicant, shows that Permanent Order Number 070-025, HQ, 3rd Battalion, 504th Parachute Infantry Regiment, dated 13 March 2000, awarded the applicant the AAM for his meritorious achievement while assigned to Task Force 3-504th Parachute Infantry Regiment in support of Operation Joint Guard during the period from 12 September 1999 to 5 March 2000.
6. The AAM certificate, provided by the applicant, shows that Permanent Orders 201-2, 307th Engineer Battalion, dated 19 July 2000 awarded the applicant the AAM for his exceptionally meritorious service while assigned to A Company, 307th Engineer Battalion during the period from 7 March 1997 to 27 July 2000.
7. On 23 September 2000, the applicant was released from active duty due to completion of required service. He was transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 4 years of creditable active service.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows his awards as the Army Achievement Medal (two awards), Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Air Assault Badge, and the Army Lapel Button.
DISCUSSION AND CONCLUSIONS:
All of the available evidence clearly and convincingly shows that the applicant was awarded a total of three Army Achievement Medals. Furthermore, it shows that only two these awards are shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to add a third award of the Army Achievement Medal.
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 showing on his DD Form 214, award of three Army Achievement Medals.
__________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) AR20080012436
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