BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003027
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 four awards of the Army Achievement Medal (AAM).
2. The applicant states he received four awards of the AAM and his DD Form 214 only reflects three awards.
3. The applicant provides no documentary evidence in support of his request.
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 9 February 1982. He was trained in and awarded military occupational specialty (MOS) 19D (Cavalry Scout). It also shows he was promoted to sergeant (SGT)/E-5 on 6 July 1985, and this is the highest rank he attained and held on active duty.
3. The applicant's Military Personnel Records Jacket contains the following AAM orders:
* Permanent Orders 71-6, issued by Headquarters, 2nd Infantry Division, dated 30 March 1983, for meritorious service for the period 20 October 1982 to 31 November 1982
* Permanent Orders 189-8, issued by Headquarters, Fort Carson and
4th Infantry Division, Fort Carson, CO, dated 3 October 1984, for meritorious achievement for the period 15 June through 1 July 1984
* Permanent Orders 17-12, issued by Headquarters, Second Brigade,
4th Infantry Division, Fort Carson, dated 28 August 1885, for meritorious achievement for the period 25 May to 19 June 1985
* Permanent Orders 7-4, issued by the same headquarters, dated
17 January 1986, for meritorious achievement for the period 5 October 1985 to 20 October 1985
4. On 8 February 1986, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of SGT/E-5. He completed 4 years of creditable active service. The DD Form 214 he was issued at the time shows only three awards of the AAM.
DISCUSSION AND CONCLUSIONS:
The evidence of record includes four permanent orders awarding the applicant the AAM for four different periods of service/achievement. Therefore, his
DD Form 214 should be corrected to show these awards.
BOARD VOTE:
___X_____ __X___ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the Army Achievement Medal (2nd Oak Leaf Cluster), and
b. adding to his DD Form 214 the Army Achievement Medal (4th Award).
__________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) AR20120003027
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ABCMR Record of Proceedings (cont) AR20120003027
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