IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090015142 


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 of Release or Discharge from Active Duty) to show an additional award of the Army Achievement Medal (AAM) and two additional awards of the Army Commendation Medal (ARCOM).

2.  The applicant states the following:

* one AAM and two ARCOMs are not in his official record
* two of the awards are listed on his DA Form 3355-E (Promotion Point Worksheet) which is part of the official records on file
* his last ARCOM was awarded after terminating service

3.  The applicant provides copies of two DA Form 4980-14 (ARCOM Certificate), a DA Form 4980-18 (AAM Certificate), and a DA Form 3355-E.

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 on 2 June 1983.

3.  The applicant's Official Military Personnel File (OMPF) contains the following award orders:

* Permanent Orders 15-10, Headquarters, 7th Engineer Brigade, dated 
   10 February 1988, awarded him the ARCOM for meritorious service from
   10 January 1984 to 5 March 1988
* Permanent Orders Number 4-6, Headquarters, 78th Engineer Battalion,
dated 28 April 1986, awarded him the AAM for meritorious achievement from 1 April 1986 to 30 April 1986
* Permanent Orders Number 16-17, Headquarters, 78th Engineer Battalion, dated 31 May 1989, awarded him the AAM for meritorious achievement from 17 April 1989 to 19 May 1989

4.  The applicant submitted the following award certificates:

* ARCOM for meritorious service from 7 January 1984 to 1 March 1991, dated 14 December 1990 [no orders]
* ARCOM for service from 1 March 1991 to 1 August 1992, by Permanent Orders 56-06, dated 18 September 1992

5.  The applicant's DD Form 3355-E, dated 17 July 1991, shows he received promotion points for two ARCOMS and two AAMs.

6.  The applicant's DD Form 214 shows he was honorably discharged on 29 July 1992.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded one ARCOM and two AAMs.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8.  Army Regulation 600-8-22 states 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 recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

10.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the ARCOM and AAM.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded two awards of the ARCOM by appropriate orders for the period from 10 January 1984 to 5 March 1988 and from 1 March 1991 to 1 August 1992.

2.  The applicant also submitted an award certificate for an ARCOM for meritorious service from 7 January 1984 to 1 March 1991.  His DA Form 3355-E that was prepared on 17 July 1991 shows he was awarded promotion points for two awards of the ARCOM.  It is conceivable to presume that appropriate documents were contained in his Military Personnel Records Jacket (MPRJ) to verify his authorized awards at the time.  As such, there is sufficient evidence to show that he was awarded two ARCOMS at the time his DA Form 3355-E was prepared and a final ARCOM at the time of his release from active duty.  Therefore, his records should be corrected to show the ARCOM with 2nd oak leaf cluster.

3.  Evidence of record shows the applicant was awarded the AAM (1st oak leaf cluster) which indicates two awards of the AAM.  Evidence of record contains orders that support two awards of the AAM.  The applicant's DA Form 3355-E shows two awards of the AAM.  There is no evidence of record and the applicant did not provide any evidence to show he was awarded a third award of the AAM. Therefore, there is no basis for granting him an additional award of the AAM.

 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 be corrected by:

   a.  deleting from item 13 of his DD Form 214 the Army Commendation Medal and

   b.  adding to item 13 of his DD Form 214 the Army Commendation Medal
(2nd oak leaf cluster).

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 an additional award of the Army Achievement Medal.



      ____________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)                                         AR20090015142



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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