BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003730
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 (AAM) (4th Award) and Army Commendation Medal (ARCOM).
2. He states orders for the AAM (4th Award) and ARCOM were never placed in his DA Form 201 (Military Personnel Records Jacket).
3. He provides copies of:
* Four DA Forms 4980-18 (AAM certificate)
* One DA Form 4980-14 (ARCOM certificate)
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 enlisted in the Regular Army on 30 May 1985. Upon completion of training, he served in military occupational specialty 31V (Tactical Communications Systems Operator/Mechanic).
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he was awarded three AAMs; however, it does not show award of the fourth AAM or the ARCOM.
4. The applicant provided a copy of his AAM certificate for the period 13 to
30 July 1989 and the ARCOM for the period 27 November 1987 to 30 May 1989. Neither certificate contains an order number.
5. The applicant's record is void of an official order awarding him the AAM (4th Award) and the ARCOM.
6. On 14 June 1990, the applicant was discharged. He completed 4 years,
10 months, and 18 days of net active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the AAM (2nd Oak Leaf Cluster) [3rd Award]. It does not show the AAM (4th Award) or the ARCOM.
7. Army Regulation 600-8-22 (Military Awards) states the AAM 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.
8. Army Regulation 600-8-22 also states the ARCOM 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 themselves by heroism, meritorious achievement, or meritorious service.
9. The same regulation provides that 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's request to add the AAM (4th Award) and ARCOM to his
DD Form 214 was carefully considered; however, it is not supported by the evidence of record.
2. His record is void of evidence and he has not provided sufficient evidence, such as official orders, which show he was awarded the AAM (4th Award) or the ARCOM. Army regulations provide that the AAM and ARCOM will be announced in orders; therefore, the AAM and ARCOM certificates alone are insufficient evidence for granting the applicant's request.
3. In view of the foregoing, he is not entitled to the requested relief.
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) AR20110003730
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ABCMR Record of Proceedings (cont) AR20110003730
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