IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009479
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 November 2005 to show the Army Achievement Medal (AAM) (2nd Award), an overseas service commemorative medal, and a combat service commemorative medal.
2. He states the medals are not listed on his DD Form 214. If he is due the medals, he would like to have them.
3. He provides no documentary evidence in support of his application.
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. On 3 September 1999, the applicant enlisted in the Regular Army (RA). He was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer) (later converted to MOS 21B). On 2 September 2002, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time does not show he had been awarded the AAM.
3. On 1 October 2003, he enlisted again in the RA. On 4 November 2005, he was honorably discharged for disability with severance pay. The DD Form 214 issued at that time does not show he had been awarded the AAM.
4. His Army Military Human Resource Record is void of documentation showing he was awarded the AAM (2nd Award).
5. Army Regulation 600-8-22 states the AAM 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.
6. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show and the applicant has not provided documentary evidence showing he was awarded the AAM (2nd Award). In the absence of documentation showing orders were published announcing award of the AAM (2nd Award) to him, there is no basis for adding these awards to his DD Form 214.
2. Commemorative medals are not entered on the DD Form 214. Therefore, there is no basis for granting this portion of the 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) AR20130009479
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ABCMR Record of Proceedings (cont) AR20130009479
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