IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130005500
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 the Army Achievement Medal.
2. The applicant states he received an Army Achievement Medal while he was stationed in Korea that is not listed on his DD Form 214.
3. The applicant provides an Army Achievement Medal certificate.
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 1989 and he held military occupational specialty 31K (Combat Signaler). He was assigned to the 1st Battalion, 506th Infantry Regiment, 2nd Infantry Division (ID), Korea, on an unknown date.
3. The applicant provides a certificate, dated 15 February 1990, wherein it shows he was awarded the Army Achievement Medal for meritorious service from 28 February 1989 to 27 February 1990 while assigned to the 1st Battalion, 506th Infantry Regiment, 2nd ID.
4. He was subsequently assigned to the 1st Squadron, 5th Cavalry Regiment, Korea, on an unknown date. He served in Southwest Asia from 9 October 1990 to 15 April 1991 while assigned to the 1st Squadron, 5th Cavalry Regiment.
5. He was honorably released from active duty on 16 December 1991 and he was assigned to the U.S. Army Reserve, 3rd Battalion, 15th Field Artillery, Cullman, AL.
6. The DD Form 214 he was issued does not show the Army Achievement Medal. His record is void of orders awarding him the Army Achievement Medal.
7. His DA Form 2-1 (Personnel Qualification Record) is not available for review with this case.
8. On 28 December 2012, he was issued a DD Form 215 (Correction to DD Form 214) that added the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.
9. Army Regulation 600-8-22 (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 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:
The applicant's record is void of orders showing he was awarded the Army Achievement Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Achievement Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Army Achievement Medal.
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) AR20130005500
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