BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020979
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 award of the Army Achievement Medal and that two letters of commendation be added to his Official Military Personnel File (OMPF).
2. The applicant states he does not think the Army Achievement Medal or the letters of commendation were put in his service records when he received them.
3. The applicant provides an Army Achievement Medal award certificate, dated
3 June 1982; a letter of commendation, dated 18 April 1980; and a
1st endorsement to the letter of commendation, dated 24 April 1980.
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 requested the letter of commendation and 1st endorsement be added to his OMPF. A review of the applicant's OMPF revealed that it contains a copy of the letter of commendation and 1st endorsement provided by the applicant. Therefore, this portion of the applicant's request will not be discussed further in this record of proceedings.
3. The applicant enlisted in the Regular Army on 3 July 1979 and he held military occupational specialty 13B (Cannon Crewmember). He served in Korea from
22 March 1981 to 21 March 1982 while assigned to C Battery, 2nd Battalion, 17th Field Artillery.
4. On 1 July 1983, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 by reason of expiration of term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
6. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does now show the Army Achievement Medal.
7. There are no orders in his records that show he was awarded the Army Achievement Medal.
8. 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 show he was awarded the Army Achievement Medal. The governing Army regulation states that for personal decorations, including 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) AR20100020979
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ABCMR Record of Proceedings (cont) AR20100020979
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