IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090015803
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records with any supporting documents.
2. Military Personnel Records and any advisory opinions.
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal with first Oak Leaf Cluster.
2. The applicant states that he has two Army Achievement Medals in his possession but his DD Form 214 only shows one.
3. The applicant provides two Army Achievement Medal Certificates in support of his request.
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 he enlisted in the Regular Army on 3 April 1990. He was awarded military occupational specialty (MOS) 11B (infantryman). The highest rank/grade he held during his tenure of service was private first class (PFC)/E-3.
3. The applicant's DD Form 214 shows he was honorably released from active duty on 2 April 1993. He completed 3 years of active service. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons) of his
DD Form 214 shows he was awarded the Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Overseas Service Ribbon, Army Service Ribbon, Air Assault Badge, Marksman Marksmanship Qualification Badge (Hand Grenade), Marksman Marksmanship Qualification Badge
(M-16 Rifle), and the Army Lapel Button.
4. The applicant's records maintained in the interactive Personnel Electronic Records Management System contain an Army Achievement Medal Certificate and DA Form 638-1 (Recommendation for Award (For Other Than Valor) that shows the applicant was awarded the Army Achievement Medal by Permanent Order Number 90-08. The DA Form 638 shows the award was approved on
8 May 1992. The Certificate shows he was authorized this Army Achievement Medal in Permanent Order Number 90-08 while assigned to 4th Battalion,
27th Infantry, 25th Infantry Division (Light). The certificate is dated 30 April and the year is illegible.
5. The applicant provided a certificate, dated 12 February 1993, showing he was awarded the second Army Achievement Medal by Permanent Order 10-122 while assigned to 4th Battalion, 27th Infantry, 25th Infantry Division (Light).
6. Army Regulation 600-8-22 (Military Awards) provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a certificate that shows he was awarded a second Army Achievement Medal in Permanent Orders 10-122. As such, it would be appropriate to correct his DD Form 214 by adding this award.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
___X____ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 24 of the applicant's DD Form 214 the Army Achievement Medal; and
b. adding to item 24 of the applicant's DD Form 214 the Army Achievement Medal with first Oak Leaf Cluster.
_______ _ 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.
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