IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090007704
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 military records to show award of the Army Achievement Medal.
2. The applicant states that he only recently realized that the Army Achievement Medal was not recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides, in support of his application, copies of his DD Form 214 and certificate for award of 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 31 August 1984, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 63T (Bradley Fighting Vehicle Systems Mechanic).
3. On 30 June 1989, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 4 years,
9 months, and 30 days of creditable active duty service.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending on 30 June 1989 lists his awards as the Army Service Ribbon, Overseas Service Ribbon, and Army Good Conduct Medal.
5. On 8 November 1989, the applicant reenlisted in the Regular Army. He served for a period of 3 years, 5 months, and 23 days and was honorably discharged on 30 April 1993.
6. Item 13 of his DD Form 214 ending on 30 April 1993 lists his awards as the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, Southwest Asia Service Medal with three bronze service stars, and Kuwait Liberation Medal. It does not show award of the Army Achievement Medal.
7. The certificate provided by the applicant indicates that he was awarded the Army Achievement Medal for meritorious achievement at the National Training Center in 1992. The certificate was issued on 14 April 1992. It does not identify any authorizing orders for this award.
8. 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 contends that his DD Form 214 should be corrected to show his award of the Army Achievement Medal.
2. There are no available orders showing that 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, or be able to provide other evidence to corroborate this award, 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.
_____________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) AR20090007704
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ABCMR Record of Proceedings (cont) AR20090007704
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