IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010524 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 February 1993, be corrected by adding the two awards of the Joint Service Achievement Medal (JSAM) and one award of the Joint Service Commendation Medal (JSCM).

2.  The applicant states, in effect, that two awards of the JSAM and one award of the JSCM he received while assigned to the United States Special Operations Command at MacDill Air Force Base, Florida, were erroneously omitted from his DD Form 214.

3.  The applicant provides no documentation in support of his 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he enlisted in the Regular Army and entered active duty on 20 June 1985.  He was trained in, awarded, and served in military occupational specialty 71L (Administrative Specialist) and the highest rank he attained during his military service was specialist (SPC). 

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 9 (Awards, Decorations and Campaigns), that during his active duty tenure he earned the Army Service Ribbon (ASR), Army Achievement Medal (AAM), Driver Mechanic Badge with Wheel Bar, Army Good Conduct Medal (AGCM), Noncommissioned Officer Professional Development Ribbon (NCOPDR), JSAM, National Defense Service Medal (NDSM), and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  The applicant's Official Military Personnel File contains United States Special Operations Command, MacDill Air Force Base, Florida, Permanent Orders Number 111-4, dated 25 November 1991, which awarded the applicant the JSAM for his meritorious achievement during the period 7 August 1990 through 
4 March 1991.  There are no other JSAM orders on file in his OMPF and there are no orders or other documents that show he was ever recommended for or awarded the JSCM by proper authority while serving on active duty.  

5.  On 26 February 1993, the applicant was honorably discharged under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of Voluntary Early Transition Program.  The DD Form 214 he was issued upon his separation shows he completed a total of 7 years, 8 months, and 7 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:  Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Joint Service Achievement Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Driver and Mechanic Badge.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-6, contains guidance on JSCM and states, in pertinent part, that it is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 1 January 1963, distinguished themselves by meritorious achievement or service.  Paragraph 2-7 provides guidance on the JSAM and states, in pertinent part, that it is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United State below the grade of 0-6 who, after 3 August 1983, distinguished themselves by outstanding performance of duty and meritorious achievement.  The regulation requires these awards be formally recommended and approved by the proper award approval authority.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect two awards of the JSAM and one award of the JSCM was carefully considered.  However, the evidence of record confirms the applicant was awarded the JSAM for meritorious service during the period 7 August 1990 through 4 March 1991, and that this award is properly documented in his record and in item 13 of his DD Form 214.  However, his record is void of any orders or other documents that indicate he was ever recommended for or awarded a second JSAM or the JSCM by proper authority while serving on active duty, and he has failed to provide independent evidence confirming he received these awards.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

2.  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)                                         AR20090010524



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ABCMR Record of Proceedings (cont)                                         AR20090010524


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