BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20110025203
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 two awards of the Joint Service Commendation Medal (JSCM) and also the Army Achievement Medal (AAM).
2. The applicant states he received two awards of the JSCM and also the AAM. He further states, in effect, the awards were erroneously left off his DD Form 214 at the time of discharge.
3. The applicant provides no additional evidence.
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 10 June 1980. He completed his initial training and was awarded military occupational specialty (MOS) 75C (Personnel Management Specialist).
3. The applicants Army Military Human Resource Record (AMHRR) shows two award orders for the JSCM:
* Permanent Orders Number 159-04, dated 25 September 1985
* Permanent Orders Number 1-1, dated 14 January 1988
4. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the AAM and there is no evidence in the available record and the applicant did not provide any evidence showing he was awarded the AAM.
5. On 15 June 1988, the applicant was discharged from active duty in the rank/grade of staff sergeant/E-6. He completed 8 years and 6 days of creditable active service.
6. The applicants DD Form 214 shows the following awards:
* Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Joint Service Commendation Medal
* Army Commendation Medal
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
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. The applicant's request for correction of his DD Form 214 to show award of a second JSCM and award of the AAM was carefully considered and it was determined there is sufficient evidence to grant partial relief.
2. The applicants AMHRR shows two orders of the JSCM. Therefore, it would be appropriate to add the second award of the JSCM to his DD Form 214.
3. There is no evidence in the available record and the applicant did not provide any evidence that shows he was awarded the AAM. Therefore, there is insufficient evident to grant relief for this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x___ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 JSCM (1st Oak Leaf Cluster) to his DD Form 214.
2. The Board further determined 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 AAM.
___________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) AR20110025203
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ABCMR Record of Proceedings (cont) AR20110025203
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