IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080017194
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 DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 9 April 1987, to show award of the Army Achievement Medal.
2. The applicant states, in effect, that he received the above award while assigned to the 1st Infantry Division.
3. The applicant provides his DD Form 214 and an Army Achievement Medal certificate, dated 26 September 1985.
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 enlisted in the Regular Army on 4 December 1984 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 31C (Signal Channel Radio Operator).
3. On 9 April 1987, the applicant was honorably released from active duty after completing 2 years, 4 months, and 6 days of creditable active service.
4. The applicant's DD Form 214 with the period ending 9 April 1987 shows he was awarded the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. The applicant provided an Army Achievement Medal Certificate, dated
26 September 1985, that shows he was awarded the Army Achievement Medal for meritorious achievement during the period 29 July 1985 through 2 August 1985.
6. There are no orders in the applicants service personnel records that show he was awarded the Army Achievement Medal. Item 9 (Awards and Decorations) of the applicant's DA Form 2-1 does not show award of the Army Achievement Medal.
7. 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.
DISCUSSION AND CONCLUSIONS:
The applicant provided a certificate that shows he was awarded the Army Achievement Medal. However, there are no orders in the available records that verify the approving authority awarded the applicant the Army Achievement Medal. Unfortunately, the certificate by itself is insufficient evidence to show he was awarded the Army Achievement Medal.
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.
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) AR20080017194
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ABCMR Record of Proceedings (cont) AR20080017194
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