IN THE CASE OF:	  

		BOARD DATE:  7 November 2013

		DOCKET NUMBER:  AR20130005396 


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 award of the Army Achievement Medal (2nd Award).

2.  The applicant states she was awarded a second Army Achievement Medal by permanent orders (PO), dated 13 September 1990.  This award is not shown on the DD Form 214 she was issued.  She was awarded this award and worked hard to achieve it.

3.  The applicant provides copies of PO 256-001 and her 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 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's military records are not available for review.  However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant was commissioned in the Regular Army on 17 October 1986.  She completed training and she was awarded area of concentration 14A (air defense artillery).  She was promoted to first lieutenant on 16 October 1992.

4.  Headquarters, 6th Battalion, 52nd Air Defense Artillery, PO 256-001, dated 13 September 1990, awarded her the Army Achievement Medal for meritorious service from 15 January 1988 through 15 September 1990.  These same orders awarded another Soldier the Army Achievement Medal with 1st Oak Leaf Cluster, indicating the second award.

5.  She was honorably released from active duty on 15 September 1990.  She was credited with 3 years, 10 months, and 29 days of net active duty service with no lost time.  Her DD Form 214 shows award of the Army Commendation Medal (2nd Award).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The Army Service Ribbon is awarded upon successful completion of initial entry training.  

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined.

7.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  It specifies to include all awards and decorations for all periods of service.




DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Achievement Medal on 13 September 1990.  This award is not listed on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  She completed a qualifying period of service for award of the Army Service Ribbon and National Defense Service Medal.  Therefore, it would be appropriate to correct her DD Form 214 to show these awards.

3.  With respect to adding the Army Achievement Medal (2nd Award) to her DD Form 214, she provided orders awarding her the Army Achievement Medal for meritorious service from 15 January 1988 through 15 September 1990.  These orders do not indicate any oak leaf clusters associated with this award.  She provided no orders showing she was awarded a second Army Achievement Medal.  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 award of the Army Achievement Medal (2nd Award) 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 the evidence presented is 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 following awards to the applicant's DD Form 214:

* Army Achievement Medal
* Army Service Ribbon
* National Defense Service Medal


2.  The Board further determined 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 correction of her DD Form 214 to show the Army Achievement Medal (2nd Award).




      _______ _  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)                                         AR20130005396



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ABCMR Record of Proceedings (cont)                                         AR20130005396



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