IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012296
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 the Meritorious Service Medal and two awards of the Army Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1990.
2. The applicant states:
* He received the Army Achievement Medal on 5 December 1986 and 28 November 1989
* He received the Meritorious Service Medal on 18 October 1989
* These awards were not placed in his 201 file
3. The applicant provides:
* List of awards that were shipped to him from Philadelphia, PA
* Award certificates for the Meritorious Service Medal and two awards of the Army Achievement Medal
* DD Form 214 for the period ending 31 January 1990
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 January 1970. He served as a food service specialist and Bradley fighting vehicle systems mechanic. He remained on active duty through continuous reenlistments until he retired on
31 January 1990 in the rank of staff sergeant.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 January 1990 does not show the Meritorious Service Medal or any award of the Army Achievement Medal.
4. Orders, dated 29 December 1986, show he received the Army Achievement Medal for meritorious achievement during the period 26 October 1986 to
19 November 1986.
5. There are no orders for a second award of the Army Achievement Medal in the available records. However, he provided an award certificate, dated
28 November 1989, for the Army Achievement Medal for meritorious service in October 1989.
6. Orders, dated 18 October 1989, show he received the Meritorious Service Medal for meritorious service during the period 30 January 1980 to 31 January 1990.
7. 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. Orders show he received the Meritorious Service Medal. His DD Form 214 for the period ending 31 January 1990 should be corrected to show this medal.
2. Although the applicant contends he received two awards of the Army Achievement Medal, orders show he received one award of the Army Achievement Medal. In the absence of orders officially awarding him a second award of the Army Achievement Medal or any other official corroborating evidence, the award certificate provided by the applicant is not sufficient as a basis for a second award of the Army Achievement Medal. His DD Form 214 for the period ending 31 January 1990 should be corrected to show one award of the Army Achievement Medal.
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 adding the Meritorious Service Medal and Army Achievement Medal to item 13 of his DD Form 214 for the period ending 31 January 1990.
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 adding a second award of the Army Achievement Medal to his DD Form 214 for the period ending 31 January 1990.
__________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) AR20090010900
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012296
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