IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080018780 


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) to show a fourth award of the Army Achievement Medal and that he served in military occupational specialty (MOS) 55D (Explosive Ordnance Disposal Specialist) for 3 years instead of 2 years and 10 months.  

2.  The applicant states that the Army Achievement Medal was awarded after his discharge and that the time served in his MOS was mistakenly entered due to taking 60 days of transition leave prior to his discharge. 

3.  The applicant provides a copy of his DD Form 214, dated 29 October 1994; and a copy of his DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 10 August 1994, showing award of the Army Achievement Medal, in support of his request.  

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 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.  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 applicant’s 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 25 June 1987.  He completed basic combat and advanced individual training and was awarded MOS 91B (Medical Specialist).  He attained the rank/grade of specialist/E-4, on 1 February 1989, and he executed a 3-year reenlistment on 30 October 1991. 

3.  The applicant’s records also show he completed the 29-week Explosive Ordnance Disposal course on an unknown date in October 1991.  He was honorably released from active duty on 29 October 1994.  Item 11 (Primary Specialty) on his DD Form 214 shows he served in MOS 55D for a period of 2 years and 10 months and Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded three awards of the Army Achievement Medal.  

4.  Headquarters, 546th Ordnance Detachment, Fort Sam Houston, TX, permanent Orders Number 37-1, dated 10 August 1994, show the applicant was awarded the Army Achievement Medal (3rd Oak Leaf Cluster) for meritorious service from 16 December 1991 to 29 October 1994.  

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  Item 11 reflects the primary specialty.  This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served.  For an enlisted Soldier, this Item also specifies the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable or “O” when not applicable.  

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Army Achievement Medal.  The Army Achievement Medal (AAM) was established by the Secretary of the Army, 10 April 1981.  It is awarded to any member of the 

Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.  For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded.  The oak leaf cluster is issued to denote award of second and succeeding awards of decorations (other than the Air Medal).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received four awards of the Army Achievement Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD 214 to show the fourth award of the Army Achievement Medal.

2.  The evidence of record shows the applicant completed the 27-week Explosive Ordnance Disposal course in October 1991.  He was honorably discharged on 29 October 1994.  Therefore, he served a period of 3 years in this MOS and is entitled to correction of his DD Form 214 as such.

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:

   a.  showing in Item 11 of his DD Form 214 that he served in/held MOS 55D1O for 3 years; and 

   
b.  deleting the entry "Army Achievement Medal (3rd Award)" from Item 13 and adding the entry “Army Achievement Medal (4th award).” 



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      _______ _   _______   ___
               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)                                         AR20080018780



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ABCMR Record of Proceedings (cont)                                         AR20080018780



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