IN THE CASE OF:	  

		BOARD DATE:	    1 August 2013

		DOCKET NUMBER:  AR20130000757 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* two awards of the Army Achievement Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon

2.  The applicant states:

* her DD Form 214 listed only one award of the Army Achievement Medal; she was awarded two awards
* she was awarded the first award while assigned to the 70th Engineer Company from May 1986 to December 1988 and her second award for service in the Special Troops Dining Facility in Korea from May 1985 to May 1986
* she completed the Basic Leadership Development Course and she qualifies for award of the NCO Professional Development Ribbon

3.  The applicant provides:

* DD Form 214 and DD Form 215 (Correction to DD Form 214)
* Letter from the U.S. Army Human Resources Command
* Certificate and Permanent Orders (PO) 50-2, dated 27 May 1986, Army Achievement Medal
* Certificate, dated 16 December 1988, for award of the Army Achievement Medal
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.  The applicant enlisted in the Regular Army on 23 June 1983 and she held military occupational specialty 94B (Food Service Specialist).  She served in Korea from 18 May 1985 to 14 May 1986 and in Hawaii from 20 May 1986 to 14 December 1988. 

3.  PO Number 50-2, issued by Headquarters, Eighth U.S. Army Special Troops Command, on 27 May 1986, awarded her the Army Achievement Medal for service from 20 May 1985 to 14 May 1986.  

4.  She attended and successfully completed the Primary Leadership Development Course from 17 October to 14 November 1986.  

5.  She was honorably released from active duty on 16 December 1988.  She completed 5 years, 5 months, and 24 days of creditable active service with no time lost.  Her DD Form 214 shows she was awarded or authorized the:

* Army Service Ribbon
* Overseas Service Ribbon
* Good Conduct Medal
* Army Achievement Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

6.  Her service records do not contain permanent orders awarding her a second award of the Army Achievement Medal and item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record) listed only one award of the Army Achievement Medal. 

7.  She provides a certificate, dated 16 December 1988, showing she was awarded the Army Achievement Medal for outstanding service from 14 May 1986 to 16 December 1988.  However, no accompanying permanent orders were provided.

8.  On 2 August 2012, she was issued a DD Form 215 that added award of the Korea Defense Service Medal. 

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  The NCO Professional Development Ribbon is awarded to Active Army Soldiers for successful completion of designated NCO professional development courses.  A service member will be awarded the NCO Professional Development Ribbon with the numeral that identifies the highest level of the Noncommissioned Officer Educational System (NCOES) successfully completed.  The bar ribbon device denoted the successful completion of the primary level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant successfully completed the Primary Leadership Development Course.  Therefore, she is entitled to award of the NCO Professional Development Ribbon and correction of her DD Form 214 to show this award.

2.  With respect to the two awards of the Army Achievement Medal:  

	a.  PO awarded her the Army Achievement Medal.  There are no orders in her records and she provides none to confirm a second award.  The certificate she provides is insufficient without the orders. 

	b.  The governing Army regulation states that for personal decorations (which include the Army Achievement Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is an insufficient evidentiary basis to add a second award of the Army Achievement Medal to her DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 NCO Professional Development Ribbon to her DD Form 214.

2.  The Board further determined that 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 adding a second award of the Army Achievement Medal.  



      _______ _ 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)                                         AR20130000757





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ABCMR Record of Proceedings (cont)                                         AR20130000757



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