IN THE CASE OF:
BOARD DATE: 2 December 2013
DOCKET NUMBER: AR20130006449
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 award of the Army Achievement Medal.
2. The applicant states the Army Achievement Medal is not shown on his
DD Form 214. He was awarded the Army Achievement Medal while serving as a member of the 3rd Battalion, 77th Armor, 1st Artillery Division, for service above and beyond the call of duty during Gunnery Armored Field Exercises. He has a copy of the certificate.
3. The applicant provides a copy of his Certificate of Achievement.
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 5 November 1991. He completed training and he was awarded military occupational specialty 19K
(M-1 Abrams Armor Crewman). He served in Germany from 10 March 1992 through 9 March 1994.
3. He provided a copy of a Certificate of Achievement, dated 22 June 1992, that was presented to him for his contributions during the Gunnery Density, Iron Thunder, from 18 April to 10 May 1992.
4. On 28 October 1993, he was honorably discharged from active duty. He completed 1 year, 11 months, and 24 days of creditable active service. His
DD Form 214 does not list the Army Achievement Medal as an authorized award.
5. His record contains a DA Form 2-1 (Personnel Qualification Record Part II). Item 9 (Awards, Decorations, and Campaigns) does not list the Army Achievement Medal as an authorized award.
6. His record is void of any orders and he did not provide any orders awarding him the Army Achievement Medal during his period of active duty service.
7. 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.
8. Army Regulation 635-5.(Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicants request and the document he provided were carefully considered. However, the evidence of record does not show he was awarded an Army Achievement Medal during his period of active duty. His record is void of any orders and he failed to provide any orders for this award.
2. The evidence of record does show the applicant was issued a Certificate of Achievement for his contributions during the Gunnery Field Exercises in 1992. In accordance with regulatory guidance, there is no provision for showing a Certificate of Achievement on the DD Form 214. It appears the applicant mistook receipt of the Certificate of Achievement for the Army Achievement Medal.
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 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) AR20130006535
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ABCMR Record of Proceedings (cont) AR20130006449
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