IN THE CASE OF:
BOARD DATE: 07 MAY 2009
DOCKET NUMBER: AR20080019876
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in the Persian Gulf Theater and award of the Army Achievement Medal.
2. The applicant states that her DD Form 214 does not show the exact dates of her combat service and that she would not qualify for benefits (grants) without showing her combat service on her DD Form 214. She also adds that she did not receive her Army Achievement Medal.
3. The applicant provides a copy of her DD Form 214, dated 15 September 2007, in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant did not provide the specific dates of her service in the Persian Gulf Theater and her records do not contain evidence of the specific dates. Attempts were made to ascertain the exact dates of his Iraq service, but without success. She was advised by separate correspondence that the Board can verify she deployed, but that the exact dates cannot be verified. Therefore, that portion of the applicant's request pertaining to her foreign/combat service will not be discussed further in this Record of Proceedings.
2. The applicant's records show she enlisted in the Regular Army for a period of 4 years on 9 September 2004. She completed basic combat and advanced individual training and was awarded military occupational specialty 25Q (Multichannel Transmission System Operator/Maintainer). The highest rank she attained during her military service was specialist/E-4.
3. The applicant's records show she was honorably discharged on 15 September 2007. The DD Form 214 she was issued shows she completed 3 years and 7 days of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon. Item 13 does not show award of the Army Achievement Medal.
5. The applicant's records do not contain orders awarding her the Army Achievement Medal.
6. 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.
7. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records and the applicant did not provide any evidence that shows she was recommended for and/or awarded the Army Achievement Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.
2. Nevertheless, while the available evidence is insufficient for awarding the applicant the Army Achievement Medal, this in no way affects the applicants right to pursue her claim for the Army Achievement Medal by submitting a request through her Member of Congress under the provisions of 10 USC 1130.
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) AR20080019876
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080019876
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