IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019881
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) to show award of the Army Achievement Medal.
2. The applicant states the following:
* he was awarded the Army Achievement Medal in October 1984 for being on the 82nd Engineer Battalion marching team
* he trained for 1 month by marching 25 miles a day and was the only one from his company to join the team
* the team out-marched every other team and had the most men finish the march
* the team did the best time of 6 hours and 50 minutes beating all other countries
* he was in Headquarters and Headquarters Company, 82nd Engineer Battalion, Bamberg, Germany, from October 1981 to October 1984
3. The applicant provides a National Personnel Records Center letter and his DD Form 214.
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 records show he enlisted in the Regular Army on 24 January 1977 and held military occupational specialty 62B (Construction Equipment Repairer).
3. On 29 October 1984, he was honorably released from active duty in the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. The DD Form 214 he was issued shows he completed a total of 7 years, 9 months, and 2 days of active service.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Army Good Conduct Medal (1st Oak Leaf Cluster), Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does now show the Army Achievement Medal. There are no orders in his records that show he was awarded the Army Achievement Medal.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records that shows he was awarded the Army Achievement Medal. The governing Army regulation states that for personal decorations (which include the Army Achievement Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Army Achievement Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ _____X__ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ _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) AR20100019881
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ABCMR Record of Proceedings (cont) AR20100019881
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