BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001252
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 two awards of the Army Achievement Medal.
2. The applicant states he was awarded two Army Achievement Medals during his period of service in the Army. These awards are not reflected on his
DD Form 214. The dates of the awards are 31 January 1984 and 20 April 1986. He realized the error had occurred recently after he was hired by the State of Arizona and reviewed his records for background and security checks. He served his country proudly, honestly, and with the utmost pride. He made the best of his service and his awards and citations are his only reflection of the same. His service to our country was one of the most important times in his life and the most meaningful.
3. The applicant provides copies of two Army Achievement Medal certificates, a DD Form 214, and a Department of the Army (DA) official photograph.
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 10 February 1981. He completed training and he was awarded military occupational specialty 52D (Power Generation Equipment Repairer).
3. He served in Hawaii from 3 June 1981 through 6 February 1984.
4. He provides a copy of a certificate, dated 31 January 1984, which shows he was awarded the Army Achievement Medal for meritorious service from 1 May 1982 to 7 February 1984 while serving in Hawaii. There are no orders in his military records for this award.
5. He was honorably released from active duty in pay grade E-5 on 7 February 1984 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Ready Reserve). His DD Form 214 shows in item 13:
* Army Good Conduct Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
6. Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record Part II)) lists the same awards as shown on his DD Form 214 and two awards of the Army Achievement Medal.
7. Permanent Order Number 5-3 was issued by the Department of the Army, 367th Maintenance Battalion, on 19 July 1986, awarding him the Army Achievement Medal for meritorious service on 20 April 1986.
8. He also provides a copy of a certificate, dated 20 April 1986, which shows he was awarded the Army Achievement Medal for meritorious service.
9. He was honorably discharged from the USAR on 9 February 1987.
10. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members 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.
DISCUSSION AND CONCLUSIONS:
1. With respect to adding the Army Achievement Medal (1st Award) to the applicant's DD Form 214, he provided an Army Achievement Medal certificate, dated 31 January 1984, showing award of the Army Achievement Medal for meritorious service from 1 May 1982 to 7 February 1984. This award is also shown on his DA Form 2-1. However, no accompanying permanent orders were provided or are available in his records. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of orders, there is insufficient evidence to add the Army Achievement Medal (1st Award) to his DD Form 214.
2. With respect to adding the Army Achievement Medal (2nd Award) to his
DD Form 214, he provided an Army Achievement Medal certificate, dated 20 April 1986, showing award of the Army Achievement Medal for meritorious service. Permanent orders were issued for this award and it is also shown on his DA Form 2-1. However, this award was issued subsequent to his release from active duty on 7 February 1984 for a period of service after that date. Therefore, he is not entitled to correction to his DD Form 214 to show this award.
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) AR20130001252
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