IN THE CASE OF:
BOARD DATE: 20 November 2008
DOCKET NUMBER: AR20080013986
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 records to show award of the Army Achievement Medal.
2. The applicant states, in effect, that he believes the enclosed information is sufficient to prove that he was awarded the Army Achievement Medal while serving at Fort Hood, Texas and while training at the National Training Center, Fort Irwin, California. He also states he submits a copy of award as evidence.
3. The applicant provides a copy of his DD Form 256A (Honorable Discharge Certificate), dated 4 September 2001. The applicant did not submit a copy of any award documentation with 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 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 military service records show he enlisted in the U.S. Army Reserve on 30 August 1993 and enlisted in the Regular Army for a period of
2 years and 20 weeks on 2 December 1993. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).
3. The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record). Item 35 (Record of Assignments) shows, in pertinent part, he was assigned to Headquarters and Headquarters Battery, 1st Battalion,
14th Field Artillery, Fort Hood, Texas on 25 April 1994 and served in duty MOS 13F1O (Fire Support Specialist). Item 9 (Awards and Decorations) shows he was awarded the National Defense Service Medal and Army Service Ribbon.
4. The applicants military service records are absent orders or any other evidence that shows he was awarded the Army Achievement Medal.
5. The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of his separation. This document shows the applicant entered active duty on 2 December 1993 and was honorably released from active duty on 19 April 1996. At the time, he was credited with completing 2 years, 4 months, and 18 days net active service during this period. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal and Army Service Ribbon.
6. In support of his application, the applicant provides a copy of his DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged from the U.S. Army effective 4 September 2001.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit awards. Paragraph 3-18 provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his records should be corrected to show award of the Army Achievement Medal.
2. There are no orders or other evidence that shows the applicant was awarded the Army Achievement Medal based on meritorious achievement or meritorious service while serving on active duty during the period 2 December 1993 through 19 April 1996. In addition, the applicant fails to provide any documentary evidence in support of his claim to award of the Army Achievement Medal. Therefore, there is no basis for correcting the applicants records in this case.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. Therefore, there is no justification for granting the applicant's request.
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.
_______ _ _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) AR20080013986
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ABCMR Record of Proceedings (cont) AR20080013986
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