BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003885
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, in effect, reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
2. The applicant states, in effect, his DD Form 214 contains errors.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC95-08363, on 27 March 1996.
2. The applicant does not meet the two-tiered criteria for a request for reconsideration in that his request is neither submitted within 1 year of the original decision nor contains any new evidence. However, it appears the applicant did not receive the results of his 1996 Board decision. As such, he did not have the opportunity to request reconsideration.
3. The applicant enlisted in the Regular Army on 30 April 1971, served through multiple reenlistments in a variety of stateside or overseas assignments, and he attained the rank/grade of sergeant first class (SFC)/E-7.
4. He retired on 31 July 1991 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 August 1991. His DD Form 214 shows among other award the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not list the Army Achievement Medal as an authorized award.
5. He previously provided a certificate, dated 21 May 1990, that shows he was awarded the Army Achievement Medal for meritorious achievement from 23 February to 21 March 1990. However, he did not provide accompanying permanent orders awarding him this award.
6. On 16 March 1992, the applicant petitioned the ABCMR requesting correction of his DD Form 214 to reflect all of his military occupational specialties, military awards, and military education. On 27 March 1996, in response to his petition, the Board granted him partial relief by adding his military education and marksmanship badge to his DD Form 214, but denying the portion of his application pertaining to adding the Army Achievement Medal to his DD Form 214 due to the lack of orders.
7. Accordingly, on 27 November 1996, he was issued a DD Form 215 (Correction to DD Form 214) that deleted the Sharpshooter Badge (Rifle) and added the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 for the period ending 31 July 1991.
8. Army Regulation 600-8-19 (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 noncombat area on or after 1 August 1981, distinguished himself or herself 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. The applicant was issued a DD Form 215 that added the Expert Marksmanship Qualification badge with Rifle Bar to his DD Form 214 for the period ending 31 July 1991. He was provided with a copy of this DD Form 215 by separate correspondence. Additionally, a copy of the original ABCMR Proceedings will be furnished with these Proceedings.
2. There is no evidence in the applicant's service records in the form of permanent orders that shows the applicant was awarded the Army Achievement Medal. The certificate he previously provided is insufficient by itself to confirm this award. The governing Army regulation states that for personal decorations (which include the Army Achievement Medal), formal recommendations, approval through the chain of command, and announcement in orders are required.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 to amend the decision of the ABCMR set forth in Docket Number AC95-08363, dated 27 March 1996.
__________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) AR20130003885
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