IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140001817
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 add the Army Achievement Medal.
2. The applicant states he requested his medals and he received a letter from the National Personnel Records Center (NPRC) stating he is entitled to the Army Achievement Medal.
3. The applicant provides copies of an NPRC letter and a DA Form 1577 (Authorization for Issuance of Awards) dated 26 July 2002.
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 25 April 1979. He completed training as a light wheel vehicle/power generation mechanic.
3. After completing 4 years and 6 days of net active service this period, the applicant was released from active duty (REFRAD) on 9 May 1983. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
4. His DD Form 214 shows the following awards:
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Good Conduct Medal
5. On 14 May 1987, Permanent Orders 12-01 were published awarding the applicant the Army Achievement Medal for meritorious achievement from 1 May through 17 May 1987.
6. He was honorably discharged from the USAR on 22 July 1990.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. He was not awarded the Army Achievement Medal until 14 May 1987. He was REFRAD on 9 May 1983. According to the applicable regulation, the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
3. The applicant was REFRAD years before he was awarded the Army Achievement Medal. Therefore, it is properly not listed on his DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20140001817
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ABCMR Record of Proceedings (cont) AR20140001817
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