IN THE CASE OF:	  

		BOARD DATE:	        12 May 2009

		DOCKET NUMBER:  AR20080019770 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal.

2.  The applicant states, in effect, he was given the award upon his discharge; however, the award was not posted to his DD Form 214.  He also states that the orders were lost, but the certificate was found on 10 November 2008.

3.  The applicant provides a copy of a DA Form 4980-18 (The Army Achievement Medal) Certificate, dated 31 October 1986.

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 military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 16 January 1980 and entered the Delayed Entry Program (DEP).  He was discharged from the DEP on 11 March 1980 and enlisted in the Regular Army (RA) for a period of 3 years on 12 March 1980.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 27G (Chaparral/Redeye Repairer).

3.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record) prepared on 13 February 1981 and reviewed on 24 April 1986.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, and Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle and Hand Grenade Bars.  Item 35 (Record of Assignments), in pertinent part, shows he was assigned to Company E, 4th Main Support Battalion, 1st Cavalry Division, Fort Hood, Texas, in Duty MOS 27G2O with principal duty as a Chaparral/Redeye Repairer on 30 April 1986.

4.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 12 March 1980 and was honorably discharged on 3 October 1986, under the provisions of Army Regulation 635-200 
(Personnel Separations - Enlisted Personnel), chapter 4 (Separation for Expiration of Service Obligation), based on expiration term of service.  At the time he had completed 6 years, 6 months, and 22 days of net active service this period and 1 month and 26 days of total prior inactive service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Service Ribbon, Overseas Service Ribbon with Numeral 1, and Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.  

5.  On 24 July 1987, the applicant enlisted in the USAR for a period of 4 years. He was discharged from the USAR on 6 August 1987, enlisted in the RA, and entered active duty for a period of 4 years on 7 August 1987.  

6.  The applicant’s military personnel records contain a DA Form 2-1 prepared on 7 August 1987 and reviewed on 12 February 1992.  Item 9 shows he was awarded the Army Good Conduct Medal (2nd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

7.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 7 August 1987; was honorably discharged on 31 October 1992, under the provisions of Army Regulation 635-200, paragraph 16-8, the Voluntary Early Transition Program (Special Selection Bonus); and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 5 years and 24 days of net active service this period; 7 years, 4 months, and 26 days of total prior active service; and 2 months and 9 days of total prior inactive service.  Item 13 shows he was awarded the Army Good Conduct Medal (2nd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  

8.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Army Achievement Medal.

9.  In support of his application, the applicant provides a copy of a DA Form 4980-18, dated 31 October 1986, that shows he received the Army Achievement Medal for meritorious service while assigned as a Chaparral Technician, Company E, 4th Main Support Battalion, 1st Cavalry Division, Fort Hood, Texas, during the period 28 April to 4 October 1986.

10.  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, on or after 1 August 1981, distinguished himself or herself 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:

1.  The applicant contends, in effect, that his discharge documents should be corrected to show award of the Army Achievement Medal because he was given the award upon discharge, but the award was not recorded on his DD Form 214.

2.  The applicant provides a copy of an award certificate that shows he received the Army Achievement Medal for meritorious service while assigned as a Chaparral Technician, Company E, 4th Main Support Battalion, 1st Cavalry Division, Fort Hood, Texas, during the period 28 April to 4 October 1986. 
     a.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Army Achievement Medal.

     b.  It is noted that the DA Form 4980-18 the applicant provides in support of his request is dated 31 October 1986.  It is also noted that, subsequent to that date, the applicant served on active duty for more than 5 years (i.e., from
7 August 1987 to 31 August 1992).  However, there is no evidence that the applicant took action to ensure his military personnel records were updated during this period to show this award and his DD Form 214 (with an effective date of 31 August 1992) also fails to show the award.

3.  The sincerity of the applicant and authenticity of the document provided in support of his claim are not in question.  However, the Army Achievement Medal certificate alone is insufficient evidence to support correction of the applicant's records.  The Military Awards regulation is clear in that announcement of personal decorations in orders is required.  The evidence of record fails to satisfy this requirement.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant’s claim to the Army Achievement Medal in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   X_______   ___
               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)                                         AR20080019770



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ABCMR Record of Proceedings (cont)                                         AR20080019770



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