IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120011735
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 Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states this award was approved after he departed Fort Hood, Texas on terminal leave and as a result it was never added to his DD Form 214.
3. The applicant provides an AAM certificate 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 record shows the applicant enlisted in the Regular Army on 23 January 1979 and was trained in and awarded military occupational specialty (MOS) 19E (Armor Crewman).
3. The applicants DA Form 2-1 (Personnel Qualification Record) does not include the AAM in the list of earned awards entered in item 9 (Awards, Decorations and Campaigns). His Military Personnel Records Jacket (MPRJ) is void of orders or any other documents showing he was ever recommended for or awarded the AAM by proper authority while serving on active duty.
4. On 22 January 1982, the applicant was honorably released from active duty after completing 3 years of active military service. The DD Form 214 he was issued does not include the AAM in the earned awards listed.
5. The applicant provides an AAM certificate, dated 7 December 1981, which indicates he was awarded the AAM for meritorious performance of duty during the period 1 August to 15 December 1981.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. It states, in effect, that all individual awards must be formally recommended and authorized and announced in official orders.
DISCUSSION AND CONCLUSIONS:
The applicants request to add the AAM to his DD Form 214 has been carefully considered. However, absent any evidence of record showing he was recommended for or awarded the AAM by proper authority, or official orders authorizing and announcing the award, the certificate alone is not sufficiently compelling to support adding the award to his DD Form 214 at this late date.
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) AR20120011735
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ABCMR Record of Proceedings (cont) AR20120011735
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