IN THE CASE OF: .
BOARD DATE: 30 JULY 2009
DOCKET NUMBER: AR20090003438
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 that he received the Army Achievement Medal after his separation from active duty.
3. The applicant provides, in support of his application, a copy of his award certificate for the Army Achievement Medal.
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. On 8 November 1983, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 95B (Military Police).
3. On 1 April 1984, the applicant departed Fort McClellan, Alabama for duty in the Federal Republic of Germany.
4. On 3 April 1984, the applicant was assigned to the 527th Military Police Company.
5. On 8 November 1984, the applicant was promoted to private first class, pay grade E-3.
6. On 28 October 1985, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had completed 1 year, 11 months, and 21 days of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) of his DD Form 214 lists his awards as the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon and the Overseas Service Ribbon. It does not show award of the Army Achievement Medal.
8. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) lists the same awards that are shown on his DD form 214. The Army Achievement Medal is not listed.
9. The certificate for award of the Army Achievement Medal, as provided by the applicant, indicates he received this award for meritorious service during the period from 4 April 1984 through 27 October 1985 while serving with the 527th Military Police Company.
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 while serving in a noncombat area on or after 1 August 1981, distinguished themselves 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 that his DD Form 214 should be corrected to show award of the Army Achievement Medal.
2. There are no available orders showing the applicant was awarded the Army Achievement Medal. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have, or be able to obtain, a copy of the orders awarding him the Army Achievement Medal, he may submit another application for consideration.
3. In view of the above, the applicant's request should be denied.
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) AR20090003438
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