BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001298
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show two Army Achievement Medals (properly known as the Army Achievement Medal with Oak Leaf Cluster).
2. The applicant states these two awards were inadvertently left off of his DD Form 214.
3. The applicant provides:
* both Certificates with Permanent Orders Numbers
* 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 served in the Regular Army for 4 years from 7 February 1996 to 6 February 2000.
3. The applicant was awarded two Army Achievement Medals as follows:
* Permanent Orders #321-04, 1st Battalion, 9th Field Artillery Regiment
* Permanent Orders #9805-007, 2nd Battalion, 3rd Field Artillery Regiment
4. The applicant's DD Form 214 shows the following awards and decorations:
* Army Good Conduct Medal
* Armed Forces Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* NATO Medal
* Sharpshooter Badge (Grenade)
* Marksman Badge (Rifle)
5. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his two Army Achievement Medals be added to his DD Form 214.
2. The applicant's DD Form 214 shows all awards and decorations to which he is entitled with the exception of the two Army Achievement Medals.
3. The applicant was awarded two Army Achievement Medals on permanent orders.
4. The Army Achievement Medal with Oak Leaf Cluster should be added to his DD Form 214.
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 adding the Army Achievement Medal (First Oak Leaf Cluster) to his DD Form 214.
_______ _ 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) AR20110001298
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ABCMR Record of Proceedings (cont) AR20110001298
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