IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20130011698
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his award of the Army Achievement Medal (AAM).
2. The applicant states that he received the award of the AAM as a hometown recruiter and it was not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to 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 enlisted in the Regular Army on 23 May 2000. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a power generator equipment repairer at Aberdeen Proving Ground, Maryland and was transferred to Fort Bragg, North Carolina for his first assignment.
3. On 17 March 2002, he was transferred to Germany and remained there until 3 July 2003 when he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to disability with severance pay. He had served 3 years, 1 month, and
11 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army Service Ribbon. A DD Form 215 was subsequently issued showing additional awards of the National Defense Service Medal, Global War on Terrorism Service Medal and the Overseas Service Ribbon.
4. A review of his official records failed to show any evidence of the applicant being awarded the AAM.
5. Army Regulation 600-8-22 (Military Awards), in effect at the time, 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the AAM is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. Therefore, without orders awarding him the AAM, there appears to be no basis to add the award of the AAM to his DD Form 214.
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) AR20130011698
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011698
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