IN THE CASE OF:	  

		BOARD DATE:	    23 February 2010

		DOCKET NUMBER:  AR20090014358 


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 award of the Army Achievement Medal or a similar award based on his meritorious service.

2.  The applicant states, in effect, that he received a certificate of achievement, dated 11 April 1959, signed by Major General Lloyd R. M____, Commanding General, 8th Infantry Division.

	a.  He states he wrote to the National Personnel Records Center (NPRC) requesting award of the Army Achievement Medal based on the Certificate of Achievement he had received with the understanding that the award was not instituted until 1981.

	b.  He states the NPRC merely confirmed that his records were destroyed in the fire in 1973 and stated that "[n]o record has been found to show that you are authorized the Army Achievement Medal or any other similar medal."

	c.  He states that he served in the U.S. Army during the Cold War period from 16 May 1957 until 6 May 1959.  He completed basic combat and advanced individual training with the 1st Infantry Division at Fort Riley, Kansas, and served overseas in Germany with the 8th Infantry Division as part of Operation Gyroscope.  He adds that he performed duty in military occupational specialty 712.20 (Stenographer) in the Office of the Adjutant General from 10 December 1957 to 22 April 1959 and attained the rank of specialist five (E-5).

	d.  He concludes, "I am not seeking anything more or less than what any other similarly situated serviceman/woman would be entitled to under somewhat the same circumstances."

3.  The applicant provides copies of his certificate of achievement, his separation documents, and the NPRC letter 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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant provides sufficient documents in support of his request for the Board to conduct a fair and impartial review of this case.

3.  In support of his application, the applicant provides copies of the following documents.

	a.  An 8th Infantry Division certificate of achievement was issued to the applicant for outstanding service to the U.S. Army in recognition of his meritorious service during the period 10 December 1957 to 22 April 1959 while serving as Secretary, Office of the Adjutant General, Headquarters, 8th Infantry Division.  The Certificate of Achievement was signed by Major General Lloyd R. M____, Commanding General, 8th Infantry Division, on 11 April 1959.

	b.  A DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) shows he was inducted into the U.S. Army and entered active duty 


on 16 May 1957, was honorably released from active duty on 6 May 1959 prior to expiration of the term of his active service, and was transferred to the U.S. Army Reserve (XIV U.S. Army Corps) to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 21 days of net active service.

		(1)  Item 12 (Last Duty Assignment and Major Command) shows he was assigned to the 8th Administration Company, 8th Infantry Division.

		(2)  Item 24c (Foreign and/or Sea Service) shows he completed 1 year, 4 months, and 13 days of overseas service.

		(3)  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Carbine Bars and the Army Good Conduct Medal.

4.  There are no orders or other evidence in the applicant's available military service records that show he was awarded an individual decoration.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 3-1 states that U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.  It also states that awards presented in conjunction with a permanent change of station will be limited to exceptional cases.  Certificates of achievement and letters of commendation or appreciation are appropriate means to recognize departing personnel.

	b.  Paragraph 3-17 governs award of the Army Commendation Medal and, in pertinent part, states that awards of the Army Commendation Ribbon and the Commendation Ribbon with Metal Pendant were redesignated by Department of the Army General Orders 10, dated 31 March 1960, as awards of the Army Commendation Medal without amendment of orders previously issued.  This paragraph also states the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.



	c.  Paragraph 3-18 governs award of the Army Achievement Medal and states that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, 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.

	d.  Chapter 10 (Certificates, Memorandums, and Letters) provides the policies and procedures governing eligibility criteria and issuance of various certificates and letters.  Paragraph 10-7, in pertinent part, provides that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.

   e.  Paragraph 1-14 provides that, except for the provisions of Title 10,       U.S. Code, section 1130, each recommendation for an award or decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."  However, pursuant to Title 10, U.S. Code, section 1130, a Member of Congress may request consideration of a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under Title 10, U.S. Code, section 1130.

	f.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the
DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Army Achievement Medal or a similar award because he received a certificate of achievement signed by an officer in the grade of major general.

2.  The evidence of record shows that the applicant was issued a certificate of achievement for meritorious service during the period 10 December 1957 to 22 April 1959 and that it was signed by a major general on 11 April 1959.

3.  The evidence of record shows that the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a certificate or order of commendation signed by an officer in the grade or position of a major general or higher.  Based on the dates for the period of eligibility, the applicant is not entitled to a conversion award of the Army Commendation Medal in this instance.

4.  The evidence of record shows that the Army Achievement Medal may be awarded to any member of the Armed Forces of the United States who, on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  There are no provisions for converting a certificate of achievement to an award of the Army Achievement Medal.  Therefore, the applicant is not entitled to award of the Army Achievement Medal.

5.  While the available evidence is insufficient for awarding the applicant the Army Achievement Medal, this in no way affects the applicant's right to pursue his claim for an award (e.g., the Army Commendation Medal) by submitting a request through his Member of Congress under the provisions of Title 10,
U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___X___  ___X____  ___X____  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20090014358



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014358



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1