IN THE CASE OF:
BOARD DATE: 02 APRIL 2009
DOCKET NUMBER: AR20080015023
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Army Achievement Medal.
2. The applicant essentially states that he was awarded the Army Achievement Medal just before his expiration term of service date, but it was not filed in his
DA Form 201 (Military Personnel Records Jacket).
3. The applicant provides an Army Achievement Medal certificate 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 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 records show that he enlisted in the Regular Army on 14 April 1976. He completed basic and advanced individual training and was awarded military occupational specialty 63B (Power Generator and Wheel Vehicle Mechanic). He was honorably released from active duty on 21 May 1984. The DD Form 214 that he was issued at the time of his release from active duty essentially shows that he was awarded the Army Good Conduct Medal (2nd Award), the Driver and Mechanic Badge, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.
3. The applicant provided a certificate which appears to show that he was awarded the Army Achievement Medal for meritorious service from 17 to 28 March 1984 while serving with Headquarters and Headquarters Battery, 2nd Infantry Division Artillery. However, Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does not show that he was awarded the Army Achievement Medal. There are no orders in his military records awarding him the Army Achievement Medal, and the applicant did not provide orders which awarded him the Army Achievement Medal.
4. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the award of the Army Achievement Medal.
2. The evidence provided by the applicant, in the form of an Army Achievement Medal certificate, was carefully considered. However, this evidence is not corroborated by any information in the available military records. The fact that the applicant is in possession of an Army Achievement Medal certificate was noted; however, possession of this certificate does not automatically entitle the applicant to this award. All awards of the Army Achievement Medal must be announced in official orders to validate the award, which the applicant did not provide, and are not in his military records.
3. While the sincerity of the applicant's claim to entitlement to award of the Army Achievement Medal is not questioned, regrettably, absent orders which officially awarded him this medal there is insufficient basis upon which to correct his
DD Form 214 to show the award of the Army Achievement Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during his military service. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080015023
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ABCMR Record of Proceedings (cont) AR20080015023
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