BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007008 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) show a third award of the Army Achievement Medal.

2.  The applicant states the award was given to him after his final DD Form 214 was printed.

3.  The applicant provides copies of his:

* DD Form 214
* DA Form 638 (Recommendation for Award), dated 11 October 2000

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 personnel records show he enlisted in the Regular Army on 23 January 1997 for a period of 4 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 73C (Finance Specialist).

3.  The DA Form 638 submitted by the applicant, dated 11 October 2000, shows his supervisor, a staff sergeant, recommended him for the third award of the Army Achievement Medal.  The applicant's detachment commander, a first lieutenant, recommended approval.  The approval authority portion of the
DA Form 638 does not show an "X" in the appropriate box for approval or disapproval and there is no signature by the approval authority.

4.  Part V (Orders Data) of the DA Form 638 is completely blank.

5.  A search of the applicant's official military personnel file (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) does not contain any document to show he was awarded a third award of the Army Achievement Medal.

6.  On 27 October 2000, the applicant was honorably released from active duty to attend school.  He had completed 3 years, 9 months, and 5 days of active service.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat 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.

8.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received a third award of the Army Achievement Medal.

2.  Although the evidence submitted by the applicant shows he was recommended for a third award of the Army Achievement Medal, it does not show the approval authority approved the award.  The orders data section of the DA Form 638 is also blank indicating no final decision of the awards recommendation was made.  Therefore, there is insufficient evidence in this case to show a third award of the Army Achievement Medal on his DD Form 214.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  While the available evidence is insufficient for awarding the applicant the third award of the Army Achievement Medal, this in no way affects his right to pursue his claim for the Army Achievement 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 

________  ________  ________  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)                                         AR20100007008



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2