IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120000315
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 he was awarded the Army Achievement Medal.
2. The applicant states he was awarded the Army Achievement Medal on 20 January 1988 and it was never listed on his DD Form 214.
3. The applicant provides a copy of an Army Achievement Medal Certificate, dated 20 January 1988.
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 20 March 1984. He completed training as a light weapons infantryman.
3. After completing 3 years, 11 months, and 14 days of net active service this period, the applicant has honorably released from active duty on 3 March 1988, due to a reduction in authorized strength.
4. The DD Form 214 he received shows the following awards:
* Army Service Ribbon
* Overseas Service Ribbon
* Air Assault Badge
* Army Good Conduct Medal (1st Award)
* Army Lapel Button
* Parachutist Badge
* Marksman Marksmanship Qualification Badge (Rifle M-16)
5. The available records do not show that orders were published awarding the applicant the Army Achievement Medal.
6. The applicant submits a copy of a certificate showing he was awarded the Army Achievement Medal for exceptionally meritorious service during the period 29 October 1985 through 20 January 1988.
7. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. In accordance with the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required to be awarded the Army Achievement Medal.
3. There are no orders in the available record, nor has the applicant submitted any orders to substantiate his contention that he was awarded the Army Achievement Medal on 20 January 1988. Without the orders, the copy of the certificate he submitted is insufficient to warrant amending the applicant's
DD Form 214 to show he was awarded the Army Achievement Medal.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20120000315
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ABCMR Record of Proceedings (cont) AR20120000315
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