IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090001136
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 two Army Commendation Medals and an Army Achievement Medal.
2. The applicant states the awards were omitted from his DD Form 214.
3. The applicant provides three award certificates.
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 served in the Regular Army from 17 November 1988 through 15 July 1992. His DD Form 214 does not show any of the requested awards.
3. The applicant provided three award certificates.
a. The Army Achievement Medal Certificate, dated 15 November 1991, does not reflect a permanent order number.
b. Of the two Army Commendation Medal Certificates, dated 1 August 1991 and 31 March 1992, only the one dated 31 March 1992 reflects a permanent order number Order 3-32, 1st Battalion, 3rd Field Artillery.
4. A review of the applicants hard copy military personnel records jacket and his microfiche official military personnel file failed to show any orders awarding the applicant two Army Commendation Medals and one Army Achievement Medal.
5. The Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, VA, has stated in previous cases of this type that Headquarters, Department of the Army (HQDA), directed permanent order numbers be shown on all award certificates effective 1 December 1990.
6. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the Army Commendation Medal and Army Achievement Medal require formal recommendation, approval through the chain of command, and announcement in orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants two Army Commendation Medals and an Army Achievement Medal added to his DD Form 214. His only evidence of entitlement is the three certificates he provided.
2. After December 1990, HQDA required order numbers be placed on all certificates. Only one of the applicants certificates contains an order number, the Army Commendation Medal awarded on 31 March 1992. The other two certificates do not have order numbers and there are no orders in the applicants records.
3. Personal decorations require formal recommendation, approval through the chain of command, and announcement in orders.
4. The applicants DD Form 214 should be corrected, but only as indicated below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding one Army Commendation Medal (for the period 27 March 1989 to 23 July 1992) to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding an additional Army Commendation Medal and an Army Achievement Medal to his DD Form 214.
____________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) AR20090001136
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001136
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005039
Permanent orders awarded the applicant four awards of the Army Achievement Medal for meritorious service and/or achievement on various dates throughout his military service which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show four awards of the Army Achievement Medal. The evidence of record shows the applicant completed the 2-week Water Well Drill Maintenance Training Course at Fort Bragg, NC, in 1992, which is not shown on his DD Form...
ARMY | BCMR | CY2009 | 20090000973
The applicant requests numerous administrative corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 6 July 1976 through 15 November 2004, to include: a. items 7a (Place of Entry into Active Service) and 7b (Home of Record) should show a Conyngham, PA address; b. item 11 (Primary Specialty) should show 23 years and 3 months; c. items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) should show U.S. Air Force Reserve...
ARMY | BCMR | CY2009 | 20090019158
Block 14 (Military Education) will reflect formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The applicant's DD Form 214 should reflect 2 months and 20 days in block 12f. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Army Commendation Medal with Oak Leaf Cluster, Army Achievement Medal, Army Good Conduct Medal,...
ARMY | BCMR | CY2014 | 20140001590
The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 1992: * Meritorious Service Medal (First Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal (Caliber)) * German Armed Forces Marksmanship Badge in Bronze * German Sports Badge in Silver 2. The memorandum also requested the award be recorded in the applicant's DA Form 2-1 (Personnel Qualification...
ARMY | BCMR | CY2010 | 20100028088
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit, Army Superior Unit Award (2nd Award), U.S. Army Gold Recruiter Badge with three sapphire achievement stars, and Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) unit patch. Permanent orders awarded the U.S. Army Sergeants Major Academy the Army Superior Unit Award for the period 1 September 2008 to 31 October 2009. a. Thus,...
ARMY | BCMR | CY2009 | 20090018515
The applicant's records contain no other orders showing additional awards of the Army Achievement Medal. 178th Personnel Services Company Permanent Orders 40-4, dated 20 December 1991, show the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 6 April 1988 through 5 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal (2nd Award) for...
ARMY | BCMR | CY2009 | 20090015142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an additional award of the Army Achievement Medal (AAM) and two additional awards of the Army Commendation Medal (ARCOM). Evidence of record contains orders that support two awards of the AAM. There is no evidence of record and the applicant did not provide any evidence to show he was awarded a third award of the AAM.
ARMY | BCMR | CY2005 | 20050007424C070206
The applicant's DD Form 214 shows he completed the Motor Sergeant Course in 1985. Therefore, there is no need to correct his DD Form 214 to show these courses. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2011 | 20110024891
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Achievement Medal and one award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1992 through 15 September 1994, and b. adding to his DD Form 214 the: * Army Good Conduct...
ARMY | BCMR | CY2009 | 20090000538
With respect to the first Army Commendation Medal, permanent orders awarded the applicant the Army Commendation Medal for meritorious service from 10 June 1994 to 30 April 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending 31 May 1997 to show this award. With respect to the second award of the Army Commendation Medal, the evidence of record shows that the applicant was awarded his second Army Commendation Medal for...