IN THE CASE OF:
BOARD DATE: 07 MAY 2009
DOCKET NUMBER: AR20080017204
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 the Army Achievement Medal (2nd Award) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the award was omitted from his DD Form 214.
3. The applicant provides:
a. Permanent Orders 22-2, Headquarters, 72nd Ordnance Battalion, APO New York 09059, dated 22 December 1988, awarding him the Army Achievement Medal (First Oak Leaf Cluster);
b. a copy of his Army Achievement Medal Certificate;
c. a copy of his DD Form 214; and
d. a copy of his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service).
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 applicants DD Form 214 shows he served as a Regular Army Military Policeman from 22 January 1986 through 21 January 1989 when he was honorably separated. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).
3. Permanent Orders 22-2, Headquarters, 72nd Ordnance Battalion, APO New York 09059, dated 22 December 1988, awarded the applicant a second Army Achievement Medal.
4. Permanent Orders 170-3, 575th Personnel Service Company, APO New York 09175, dated 8 December 1988, awarded the applicant the Army Good Conduct Medal for the period 22 January 1986 to his date of separation on or about 21 January 1989.
DISCUSSION AND CONCLUSIONS:
1. The applicant received a second award of the Army Achievement Medal on 22 December 1988; he was separated on 21 January 1989, but the award was not included on his DD Form 214.
2. The applicants DD Form 214 should be corrected to show "Army Achievement Medal (2nd Award)."
3. The applicant also received the Army Good Conduct Medal. This award should be added to his DD Form 214.
BOARD VOTE:
___X_____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 adding the Army Achievement Medal (2nd Award) and Army Good Conduct Medal to 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) AR20080017204
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017204
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011798
The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service) that he served in Korea from 22 January 1991 through 21 January 1992; b. item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, Army Service Ribbon, Army Achievement Medal (2nd Award), Army Good Conduct Medal (3rd Award),...
ARMY | BCMR | CY2011 | 20110011730
In support of his request, the applicant provides the following documents: a. a DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 July 1989, that shows Lieutenant Colonel James L. H----, Commander, 1st Battalion, 41st Infantry, awarded the applicant the Army Achievement Medal for meritorious achievement from 30 March through 9 May 1989; and b. a DA Form 4980-14 (Army Commendation Medal Certificate), dated 19 June 1990, that shows Colonel Stanley F. C----, Commander, 41st...
ARMY | BCMR | CY2008 | 20080007791
The applicant requests, in effect, award of the Meritorious Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicants records contain a DA Form 638-1 (Recommendation for Award of (For Other Than Valor) Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 2 March 1983. The evidence shows the applicant's recommendation for award of the Meritorious Service Medal was downgraded to the Army...
ARMY | BCMR | CY2009 | 20090015394
The applicant contends, in effect, that his DD Form 214 should be corrected to show five awards of the Army Achievement Medal and two awards of the Army Good Conduct Medal because he received the awards, but they were not entered on his discharge document. The evidence of record shows that permanent orders awarded the applicant the first award of the Army Good Conduct Medal for the period 2 November 1982 to 1 November 1985. a. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2006 | 20060011079
The applicant's military service records contain a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 December 2003. The evidence of record shows that Permanent Orders awarded the applicant the Army Achievement Medal for meritorious achievement for the period 20 January 1989 to 14 March 1989. The evidence of record also shows that Permanent Orders awarded the applicant the Army Achievement Medal for meritorious service for the...
ARMY | BCMR | CY2010 | 20100013648
In addition, he provided a DA Form 638 showing he was awarded by Permanent Order Number 212-06 the Meritorious Service Medal by the commanding general of the 72nd Brigade Combat Team (TXARNG) upon his retirement for his period of service from 1 June 1988 to 21 January 2009. Based on the evidence of record, the applicant was awarded a second Army Commendation Medal on 30 June 2008 and upon his retirement, a Meritorious Service Medal. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2011 | 20110010939
Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. However, his OMPF contains evidence to support only three awards, the one award that is not documented in the applicant's records is the fourth award for the period 15 to 25 June 1989 for his support to ROTC Camp Adventure, Fort Lewis. As a result, the Board recommends that...
ARMY | BCMR | CY2010 | 20100024248
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Achievement Medal with 2nd Oak Leaf Cluster. Records show the applicant served during a qualifying period for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item13 of his DD Form 214 the Army Achievement Medal with 2nd Oak Leaf...
ARMY | BCMR | CY2012 | 20120009639
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of an additional Army Achievement Medal, Meritorious Unit Commendation for Southwest Asia, Kuwait Liberation Medal, and a second Overseas Service Ribbon. According to the U.S. Army Human Resources Command Website's list of previously-approved unit awards, the 295th Supply Company was awarded the Meritorious Unit Commendation for the period 11 October 1990-6 October 1991...
ARMY | BCMR | CY2013 | 20130021146
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal and Army Good Medal. 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. As a result, the Board recommends that all Department of the Army records...