IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090002057
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 be listed as an authorized award on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she was awarded the Army Achievement Medal, but it is not listed on her DD Form 214.
3. The applicant provides a certificate for the Army Achievement Medal in support of her application.
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 enlisted on 21 August 1979 and completed training as a light vehicle and power generator mechanic. She was posted to Germany on 11 January 1980 where she served with the 307th Army Security Agency Battalion for the rest of her enlistment.
3. On 12 August 1983, she was separated in pay grade E-4 with an honorable characterization of service at the expiration of her term of service.
4. Her DD Form 214 lists her authorized awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) as the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Hand Grenade Bar, Army Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon.
5. The DA Form 2-1 (Personnel Qualification Record) lists the same awards in item 9 (Awards, Decorations and Campaigns). There is no mention of the Army Achievement Medal on her May 1983 Promotion Point Worksheet.
6. The award certificate submitted with her application indicates she was awarded the Army Achievement Medal on 11 April 1983.
7. 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 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 states she was awarded the Army Achievement Medal, but it is not listed on her DD Form 214.
2. In the absence of orders, the award certificate is insufficient. There is no other substantiating evidence to support the conclusion that the applicant was awarded the Army Achievement Medal.
3. 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:
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.
_______ _ 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) AR20090002057
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