BOARD DATE:	 24 November 2009 

		DOCKET NUMBER:  AR20090010789 


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 or Release from Active Duty) to show award of the Army Achievement Medal and the "Schutzenschnur," a German Armed Forces weapons proficiency medal.

2.  The applicant states, in effect, that his record does not show he was awarded the Army Achievement Medal and the "Schutzenschnur" bronze foreign shooting badge.

3.  The applicant provides a copy of the Army Achievement Medal award certificate and a personal statement 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 enlisted in the Regular Army (RA) on 26 January 1987.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 95B (Military Police).  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  On 19 June 1987, the applicant was assigned to the 85th U.S. Army Field Artillery Detachment and stationed in Germany.

4.  The applicant was honorably released from active duty on 18 January 1990 upon his expiration of his term of service and he was transferred to the 395th Ordnance Company, a U.S. Army Reserve (USAR) unit, to complete his remaining military service obligation.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Service Ribbon, Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Achievement Medal or a foreign weapons qualification badge.

7.  A review of the applicant's Official Military Personnel File (OMPF) does not contain copies of permanent award orders for the Army Achievement Medal or a foreign award.

8.  As evidence, the applicant provided a copy of an Army Achievement Medal certificate that shows he was assigned to the 85th U.S. Army Field Artillery Detachment from 18 June 1987 to 19 January 1990.  His commanding officer, a lieutenant colonel, signed the certificate on 5 January 1990.  There are no permanent award orders on file or provided by the applicant associated with this award.

9.  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 recommendation, approval through the chain of command and announcement in orders are required. 


10.  Army Regulation 600-8-22 provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award.  Only those badges, which are awarded in recognition of military activities and by the military department of the host country, are authorized for acceptance and permanent wear.  Badges, which do not meet these criteria, may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

11.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  Based on the lack of permanent orders awarding the applicant the Army Achievement Medal, his record cannot be corrected to show this award since an award certificate alone is not sufficient justification.

2.  Based on the lack of evidence that the applicant received a foreign shooting badge from a foreign government, he is not entitled to have his record corrected to show the "Schutzenschnur" bronze foreign shooting badge.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090010789



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ABCMR Record of Proceedings (cont)                                         AR20090010789



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