IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100023152 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of:

* the Army Commendation Medal (ARCOM)
* the Army Achievement Medal (AAM)
* a Certificate of Achievement 

2.  The applicant states he received these awards when he was on active duty and they are not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and the aforementioned award certificates.

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 enlisted in the Regular Army on 16 August 1988.  He completed his initial entry training and he was awarded military occupational specialty 63G (Fuel and Electric Systems Repairer/Tank Repair [M1]).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  On 15 February 1992, the applicant was honorably released from active duty under the Fiscal Year 1992 Voluntary Early Transition Program and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  His DD Form 214 issued at the time shows he completed 3 years and 6 months of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal

5.  The applicant provided:

	a.  an AAM certificate, dated 20 June 1991, for exceptional performance of duty supporting while voluntarily participating in the refugee relief effort of Safwan, Iraq, from 20 March 1991 through 5 May 1991;

	b.  an ARCOM certificate, dated 25 June 1991, for meritorious achievement while serving in support of Operation Desert Storm from 17 January 1991 through 6 March 1991; and

	c.  a Certificate of Achievement, dated 12 September 1991, for devotion and dedication to duty while serving Port of Jubail, Saudi Arabia, from 3 December 1990 to 6 January 1991.

6.  The applicant's personnel service records are void of permanent orders awarding him the ARCOM or the AAM.  He also did not provide a copy of permanent orders with his application. 

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 members 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 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided certificates showing he received the ARCOM and AAM.  However, he did not provide their accompanying orders awarding the respective award.  His personnel service record is also void of the orders awarding these awards.

2.  Army policy specifically states that award of decorations including the ARCOM and AAM will be announced in orders.  Without these orders, correction to a Soldier's record cannot be effected.  Therefore, there is insufficient evidence to warrant correction to his DD Form 214 to show these awards.

3.  Certificates of achievement are not recorded on a Soldier's DD Form 214.  There is no provision to record certificates on a DD Form 214.  Therefore, there is no basis for adding the Certificate of Achievement to his DD Form 214.


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)                                         AR20100023152



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ABCMR Record of Proceedings (cont)                                         AR20100023152



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