IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130003203
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 that his award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his award of the AAM does not appear on his
DD Form 214.
3. The applicant provides copies of his AAM Certificate and 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 3Â 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 9 July 1981 for a period of 3 years and training as an observation/scout helicopter repairman. He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training at Fort Rucker, Alabama, before being assigned to Fort Ord, California, for his first duty assignment.
3. On 23 January 1983, he was transferred to Germany and served there until he was honorably released from active duty (REFRAD) on 7 July 1984 due to completion of service. He had served 2 years, 11 months, and 29 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, Army Commendation Medal, Army Service Ribbon, Overseas Service Ribbon, and Aircraft Crewman Badge.
4. The applicant provides a certificate for award of the AAM awarded on 30 May 1984. The certificate does not contain an orders number nor is there a copy of the award orders in his official records.
5. 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. While the sincerity of the applicantÂ’s claim that he was awarded the AAM is not in doubt, in order to add the award of the AAM to his DD Form 214, a copy of the orders awarding him the AAM is required.
2. Unfortunately, the applicant has not provided and the records do not contain orders awarding him the AAM.
3. Therefore, in the absence of orders, there appears to be no basis to add the AAM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130003203
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ABCMR Record of Proceedings (cont) AR20130003203
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