IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090012724
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Army Achievement Medal (AAM), the Army Commendation Medal (ARCOM), and the Army of Occupation Medal (AOM).
2. The applicant states that he served in Berlin, Germany from 1985 to 1991, and he was awarded both the AAM and ARCOM and he has the award certificates to verify he was issued these medals.
3. The applicant provides an AAM and an ARCOM certificate.
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's military records show that he enlisted in the Regular Army on 28 December 1982 with prior active and inactive service. He reenlisted and served in the U.S. Medical Department Activity (MEDDAC), Berlin, from 2 May 1985 to 11 April 1991.
3. He was honorably discharged in pay grade E-6 on 15 April 1991 with disability severance pay.
4. The applicant's military records do not contain orders for the ARCOM, AAM, or AOM. The applicant's DA Form 2-1 (Personnel Qualification Record), Item 9, Awards, Decorations & Campaigns, lists the AOM but does not list the ARCOM or AAM.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the ARCOM and AAM require, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders.
6. Army Regulation 600-8-22 provides, in pertinent part, that the AOM is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. The AOM with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant did not submit orders for the ARCOM or the AAM, and there are no orders for these medals in his military records, there is insufficient evidence in which to add these awards to his DD Form 214. Unfortunately, award certificates are not sufficient to add decorations to a DD Form 214.
2. However, the applicant's records confirm he served in Berlin, Germany during the time when the AOM was authorized and his DA Form 2-1 confirms that he was awarded the AOM. As such, it would now be appropriate to add the AOM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AOM to his DD Form 214 for the period ending 15 April 1991.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the ARCOM and AAM to his DD Form 214.
_______ _ 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) AR20090012724
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