IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080015443
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 records to show award of the Army Achievement Medal.
2. The applicant states the award is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides, in support of his application, a copy of his DA Form 638 (Recommendation for Award) and certificate, dated 25 October 1994, showing award of the Army Achievement Medal.
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 records show he enlisted in the Regular Army on 19 February 1991. He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 24 November 1994. The highest rank he attained during this period of military service was specialist.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Lapel Button, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Field Medical Badge. Item 13 does not show award of the Army Achievement Medal.
4. Headquarters, 21st Combat Support Hospital, Fort Hood, Texas, Permanent Order Number 15-1, dated 25 October 1994, shows the applicant was awarded the Army Achievement Medal for meritorious service from 27 August 1993 to 27 October 1994.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the Army Achievement Medal for meritorious service from 27 August 1993 to 27 October 1994. This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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 award of the Army Achievement Medal on his DD Form 214.
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) AR20080015443
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ABCMR Record of Proceedings (cont) AR20080015443
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