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ARMY | BCMR | CY2012 | 20120006499
Original file (20120006499.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  25 September 2012

		DOCKET NUMBER:  AR20120006499 


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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 June 1983.

* Army Achievement Medal
* “Multi National Peace Keeping Medal” (determined to be the Multinational Force and Observers Medal)
* “letters of accommodation” (determined to be letters of appreciation)

2.  The applicant states he recently discovered the omissions after he received a copy of his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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.  Army Regulation 15-185 (Army Board for Correction of Military Records) governs operations of the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-5 of this regulation states that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  

3.  The Multinational Force and Observers Medal was established by the Director General, Multinational Force and Observers (MFO), on 24 March 1982.  Presidential acceptance for the United States Armed Forces and DOD civilian personnel was announced by Department of Defense on 28 July 1982.

4.  Presentations are usually to be made by personnel designated by the Director General, MFO.  When presentation is not accomplished, any person with MFO service who believes he or she is eligible for the award may submit a request for the award to the U.S. Army Human Resources Command (USA HRC), 1600 Spearhead Drive, Fort Knox, KY 40121. This request must include complete details related to MFO duty, including geographical location and inclusive dates of service, and copies of all substantiating documents.  The Commanding General, USA HRC, will then forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the Multinational Force and Observers for consideration.

5.  In view of the above, the Multinational Force and Observers Medal will not be discussed further in these proceedings.  Or, if the applicant has documentation confirming his award of the Multinational Force and Observers Medal, he may apply for reconsideration to add it to his DD Form 214 with a copy of that evidence.

6.  He enlisted in the Regular Army on 17 June 1980.  

7.  His Military Personnel Records Jacket (MPRJ) contains three letters of appreciation.

8.  There is no recommendation or orders in his MPRJ for the award of the Army Achievement Medal.


9.  On 16 June 1983, he was released from active duty.  He completed 3 years of active duty that was characterized as honorable.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16).

10.  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 non-combat 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.

11.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  There is no recommendation or orders awarding him the Army Achievement Medal.  Therefore, there is insufficient evidence to add this award to his DD Form 214.

2.  There are no regulatory provisions for adding his letters of appreciation to his DD Form 214.

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.



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