IN THE CASE OF:  	  

		BOARD DATE:  30 October 2014	  

		DOCKET NUMBER:  AR20140001975 


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 military records to show he was awarded or authorized the following:

* Meritorious Service Medal (MSM)
* Army Commendation Medal (ARCOM) with 2 Oak Leaf Clusters (OLC)
* Army Achievement Medal (AAM) with 2nd OLC
* Army Reserve Components Achievement Medal (ARCAM) with 3rd OLC

2.  The applicant states he retired from the U.S. Army Reserve (USAR) on 
31 December 1997 and these awards were not added to his records.  He does not have the orders or the citation for the AAM he was awarded in November 1997; however, this particular AAM was referenced in the recommendation for his MSM. 

3.  The applicant provides:

* DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979
* DA Form 2-1 (Personnel Qualification Record)
* a letter from National Personnel Records Center, St. Louis, MO, dated    17 January 2014 
* a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM
* three certificates that show he was awarded the ARCOM on three occasions
* two certificates that show he was awarded the AAM on two occasions
* a memorandum, dated 24 March 1997, awarding him the ARCAM with     3rd OLC
* a Certificate of Participation

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.  He enlisted in the Regular Army on 13 July 1976.  He was released from active duty on 12 July 1979.  His DD Form 214 for this period does not include any of the requested awards.

3.  On 6 February 1982, he enlisted in the USAR.  

4.  On 2 August 1999, he was transferred to the Retired Reserve.

5.  His DA Form 2-1 does not show the awards he is requesting.

6.  There is no evidence in his Official Military Personnel File (OMPF) that indicates he received a third award of the AAM.  

7.  His OMPF contains a memorandum from Headquarters, 2nd Battalion, 362nd Regiment, 3rd Brigade, dated 24 March 1997, which awarded him the ARCAM with 3rd OLC.

8.  He provides:

	a.  A DA Form 638 and a certificate that show he was awarded the MSM by Headquarters, 91st Division on 8 February 1998, cited as Permanent Order Number 8039-01, for exceptionally meritorious service from 1 December 1987 to 31 December 1997.  Achievement #4 on the DA Form 638 states he was awarded an impact AAM for his performance during the 29th Separate Infantry Brigade (SIB) Mission.

	b.  A certificate that shows he was awarded the ARCOM for exceptional performance of duty from 24 March 1981 through 17 September 1983.  His OMPF contains Permanent Order Number 441, dated 13 April 1984, which announced this award.

	c.  A certificate that shows he was awarded the ARCOM for the period from 18 September 1983 to 1 April 1993.  The certificate indicates Permanent Order 4-27, issued by Headquarters, 2nd Brigade, 91st Division (Training) on 21 March 1993, announced this award.

	d.  A certificate that shows he was awarded the ARCOM for exceptionally meritorious service from 6 April 1989 to 2 August 1999.  The certificate indicates Permanent Order Number 333-181, issued by the USAR Personnel Command (AR-PERSCOM), St. Louis, MO on 28 November 2000, announced this award.

	e.  A certificate that shows he was awarded the AAM for meritorious service while serving as a drill sergeant during 1983 and as senior field leader during 1984.  His OMPF contains Orders 6-4, issued by Headquarters, 2nd Battalion, 362nd Regiment, 2nd Brigade on 9 April 1984, which announced the award of the AAM for the period 1 April 1983 through 13 April 1984.  

	f.  A certificate that shows he was awarded the AAM for exceptional performance and dedication to duty from 11 - 22 May 1992.  The certificate indicates Permanent Order Number 5-1 announced this award.

	g.  A Certificate of Participation for his outstanding support as a member of Task Force Tropical Storm from 9 - 23 July 1997.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  The DA Form 2-1 is not updated once a Soldier is no longer in an active status.  



DISCUSSION AND CONCLUSIONS:

1.  Based on evidence he submitted and evidence contained in his OMPF, there is sufficient evidence to show he was awarded the MSM, the ARCOM with 2nd OLC, the AAM with 1st OLC, and the ARCAM with 3rd OLC.  However, these awards were for service performed after the effective date of his last DD Form 214; therefore, they cannot be added to his last DD Form 214.

2.  He transferred to the Retired Reserve on 2 August 1999.  The DA Form 2-1 is not updated once a Soldier is no longer in an active status.

3.  Therefore, the only effective relief that can be provided is to file the documents he provided in his OMPF.

4.  There is no record of orders that show he was awarded a third AAM.  Therefore, there is no basis to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing in his OMPF the documents that show he was awarded the:

* MSM
* ARCOM with 2nd Oak Leaf Cluster
* AAM with 1st Oak Leaf Cluster
* ARCAM with 3rd Oak Leaf Cluster

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to correcting his record to show he was awarded the AAM with 2nd Oak Leaf Cluster.





      _______ _   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)                                         AR20140001975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001975



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1