IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130013061
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 two awards of the Army Achievement Medal, a certificate of achievement, and a safety award.
2. The applicant states he has the citations for the above awards but they are not listed on his DD Form 214.
3. The applicant provides four certificates.
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. After having had prior service, the applicant enlisted in the Regular Army on 24 February 1981.
3. He provides the following certificates that were issued by the Commander, 2nd Squadron, 11th Armored Cavalry Regiment:
* a U.S. Army safety award, undated, wherein it stated he was presented the award for accident free driving of Army combat vehicles from 1 September 1981 to 31 May 1982
* a certificate of achievement, dated 30th April 1983, wherein it stated he was awarded the certificate for outstanding performance as an M60A3 tank driver from 3 June to 28 May 1983
4. He provides two certificates, dated 16 December 1983 and 30 March 1984, wherein they show he was awarded the Army Achievement Medal from 9 September to 13 October 1983 and 6 to 14 December 1983, respectively.
5. His record contains the following Permanent Orders (PO) issued by Headquarters, 1st Cavalry Division, Fort Hood, TX:
* PO 182-3, dated 23 December 1983, awarded him the Army Achievement Medal for meritorious achievement for the period 9 September through 13 October 1983
* PO 58-82, dated 18 May 1964, awarded him the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement for the period 6 through 14 December 1983
6. He was honorably discharged on 23 February 1985. The DD Form 214 he was issued shows the:
* Army Achievement Medal (1st Oak Leaf Cluster or 2nd Award)
* Army Good Conduct Medal (1st Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
7. Army Regulation 635-5 (Separation Documents) 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 evidence of record confirms the applicant was awarded two awards of the Army Achievement Medal which are correctly shown on his DD Form 214. Therefore, no correction is required.
2. With respect to the certificate of achievement and safety award, the governing regulation states only decorations, medals, and ribbons are listed on the DD Form 214. Therefore, he is not entitled to 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) AR20130013061
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