IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011730 


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 (4th Oak Leaf Cluster) [5th Award] and the Army Commendation Medal.

2.  The applicant states the awards were omitted from his DD Form 214 when he was discharged from active duty.

3.  The applicant provides copies of two 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 2 September 1982.  Upon completion of training he was awarded military occupational specialty 94B (Food Service Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  Germany - 1 July 1986 through 26 June 1989;

	b.  item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal (3rd Award)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

	c.  item 35 (Record of Assignments):

* Headquarters and Headquarters Company, 1st Battalion, 41st Infantry Regiment, Fort Hood, Texas, from 28 April 1983 through 1 July 1986
* Headquarters and Headquarters Company, 1st Battalion, 41st Infantry Regiment, Germany, from 2 July 1986 through 22 June 1989

4.  Headquarters, 2nd Armored Division, Permanent Orders (POs) awarded the applicant the Army Achievement Medal, as follows:

* PO 30-265, dated 18 February 1986, for the period 23 to 28 November 1985
* PO 60-64, dated 10 April 1986, for the period 7 January to 1 February 1986

5.  Headquarters, 2nd Armored Division (Forward), Pos awarded the applicant the Army Achievement Medal, as follows:

* PO 066-009, dated 6 May 1987, for the period 24 to 28 November 1986
* PO 099-005, dated 31 July 1989, for the period 30 March to 9 May 1989

6.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, PO 70-13, dated 12 April 1990, awarded the applicant the Army Achievement Medal for the period 1 October 1989 to 31 January 1990.

7.  The applicant's DD Form 214 shows he entered active duty this period on
2 September 1982 and he was honorably discharged on 26 June 1990.
	a.  He completed 7 years, 9 months, and 25 days of active service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal (3rd Oak Leaf Cluster) [4th Award]
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Noncommissioned Officer Professional Development Ribbon

8.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Army Commendation Medal.

9.  In support of his request, the applicant provides the following documents:

   a.  a DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 July 1989, that shows Lieutenant Colonel James L. H----, Commander, 1st Battalion, 41st Infantry, awarded the applicant the Army Achievement Medal for meritorious achievement from 30 March through 9 May 1989; and
   
   b.  a DA Form 4980-14 (Army Commendation Medal Certificate), dated			 19 June 1990, that shows Colonel Stanley F. C----, Commander, 41st Infantry Regiment, awarded the applicant the Army Commendation Medal for meritorious service as Food Service Sergeant while assigned to Headquarters and Headquarters Company, 1st Battalion, 41st Infantry, during the period 26 April 1983 to 26 June 1989.

10.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.
   
11.  Headquarters, 2nd Armored Division, POs awarded the applicant the Army Good Conduct Medal (AGCM), as follows:

* PO 167-150, dated 9 September 1985, the AGCM (1st Award) for the period 2 September 1982 through 1 September 1985

12.  Headquarters, 2nd Armored Division, Pos awarded the applicant the AGCM, as follows: 

* PO 152-001, dated 1 September 1988, the AGCM (2nd Award) for the period 1September 1985 to 31 August 1988

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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, 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Achievement Medal (4th Oak Leaf Cluster) and the Army Commendation Medal because the awards were omitted from his DD Form 214 when he was discharged from active duty.

2.  The applicant's claim to the Army Commendation Medal was carefully considered.

   a.  The Army Commendation Medal Certificate the applicant provides shows it was presented to him in recognition for his meritorious service as Food Service Sergeant, Headquarters and Headquarters Company, 1st Battalion, 41st Infantry, from 26 April 1983 to 26 June 1989.  However, the award certificate, alone, provides insufficient evidence to support his claim to the award.
   
   b.  There are no orders or any other Army records that show the applicant was awarded the Army Commendation Medal or that he was recommended for the award.

   c.  Therefore, there is insufficient evidence to support the applicant's claim to the Army Commendation Medal.

3.  The evidence of record shows:

   a.  POs awarded the applicant the Army Achievement Medal on five separate occasions during the period of service under review; and
   
   b.  POs awarded the applicant the Army Good Conduct Medal (2nd Award) for the period from 1 September 1985 to 31 August 1988.

4.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 the:

* Army Good Conduct Medal
* Army Achievement Medal (3rd Oak Leaf Cluster)

	b.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal (4th Oak Leaf Cluster)
* Army Good Conduct Medal (2nd Award)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Commendation Medal.  




      _______ _   __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)                                         AR20110011730



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ABCMR Record of Proceedings (cont)                                         AR20110011730



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