IN THE CASE OF:	

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080012803 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Army Achievement Medal, the Presidential Unit Citation, and various certificates.  He also requests that his DD Form 214 be corrected to show his service in Grenada. 

2.  The applicant states, in effect, that his awards are incomplete on his DD Form 214 and it does not reflect his service in Grenada.  He points out that his citation for the Army Commendation Medal clearly shows his service in Grenada.  

3.  The applicant provides a copy of his DD Form 214; an award certificate, dated 5 December 1983 for the Army Commendation Medal; an award certificate, dated 6 January 1984, for the Army Commendation Medal; orders and an award certificate for the Army Achievement Medal; certificates of achievement, service, appreciation, training; and a diploma for the Airborne Course, in support of his 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.  The applicant enlisted on 29 March 1983, served as a combat engineer, and was honorably discharged on 4 April 1986 by reason of physical disability with severance pay.

3.  The applicant’s DD Form 214 shows the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Parachutist Badge, the Army Commendation Medal, the Good Conduct Medal, and the Armed Forces Expeditionary Medal as authorized awards.  Item 12f (Foreign Service) on his DD Form 214 shows the entry, “00 00 00.”  His DD Form 214 does not show any deployments. 

4.  Headquarters, 82d Airborne Division Permanent Orders 213-115, dated 
7 December 1983, show the applicant received the Army Commendation Medal for meritorious achievement in Grenada for the period 25 October 1983 to 
2 November 1983.  These orders show the applicant was assigned to Company B, 307th Engineer Battalion, 82d Airborne Division.

5.  In support of his claim for two awards of the Army Commendation Medal, the applicant provided an award certificate, dated 5 December 1983, for the Army Commendation Medal for meritorious achievement while deployed to Grenada for the period 25 October 1983 to 2 November 1983.  He also provided an award certificate, dated 6 January 1984, for the Army Commendation Medal for meritorious achievement while deployed to Grenada for the period 25 October 1983 to 2 November 1983.

6.  Headquarters, Composite Engineer Battalion Permanent Orders 167-1, dated 4 April 1986, show the applicant received the Army Achievement Medal for meritorious service for the period 1 November 1985 to 16 April 1986.  

7.  There is no evidence of record which shows the applicant’s unit was awarded the Presidential Unit Citation while he was assigned to it.

8.  Paragraph 1-18 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

10.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation, in effect at the time, did not provide any provisions to show deployments on the DD Form 214.

11.  Army Regulation 635-5 provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.
  
DISCUSSION AND CONCLUSIONS:

1.  Orders, dated 7 December 1983, show the applicant received one award of the Army Commendation Medal for meritorious achievement in Grenada for the period 25 October 1983 to 2 November 1983.  Since the 6 January 1984 award certificate for the Army Commendation Medal provided by the applicant is for the same achievement and period, it appears this certificate was issued in error.  The governing regulation states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, there is no basis for granting the applicant’s request for a second award of the Army Commendation Medal. 

2.  Orders show the applicant received the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  There is no evidence of record which shows the applicant’s unit received the Presidential Unit Citation.  Therefore, there is insufficient evidence on which to base award of this unit citation.

4.  Since there was no provision to show deployments on the DD Form 214, there is no basis for granting the applicant’s request to show his service in Grenada.  However, item 12f on his DD Form 214 should be corrected to show he served 9 days of foreign service.   

5.  Since the governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214, there is no basis for granting the applicant’s request to show certificates of achievement, service, appreciation, and training on his DD Form 214.
  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___XX_____  ____XX____  ___XX_____  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: 

	a.  deleting the entry in item 12f on his DD Form 214;

	b.  adding the entry, “00 00 09” in item 12f on his DD Form 214; and 

   c.  adding the Army Achievement Medal to his DD Form 214.

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 a second award of the Army Commendation Medal; award of the Presidential Unit Citation; amending his DD Form 214 to show certificates of achievement, service, appreciation, and training; or showing he deployed to Grenada.



      ________XXXX______________
               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)                                         AR20080012803



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ABCMR Record of Proceedings (cont)                                         AR20080012803



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