IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005603
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 award of the Army Achievement Medal (AAM).
2. The applicant states he was awarded the AAM and it is not reflected on his DD Form 214.
3. The applicant provides his 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 13 July 1982. His records show he completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Infantryman). The highest rank/grade he attained while serving on active duty was specialist four/E4.
3. The applicant provided a copy of his DD Form 214 which shows the:
* Army Commendation Medal
* Parachutist Badge
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (M-16)
* Valorous Unit Award
* Army Good Conduct Medal
4. His DD Form 214 and DA Form 2-1 (Personnel Qualification Record) do not reflect award of the AAM and his record is void of a DA Form 638 (Award Recommendation) or orders awarding him the AAM.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the AAM was carefully considered; however, the evidence was insufficient to support his request.
2. The applicant's records are void of evidence showing he was recommended for or awarded the AAM and he did not provide any additional documents corroborating award of the AAM.
3. Absent a signed DA Form 638, orders awarding him the AAM, or official documentation confirming that such orders were published, there is no basis for granting 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) AR20140005603
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ABCMR Record of Proceedings (cont) AR20140005603
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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