IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005911
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 show his awards of the Army Achievement Medal (AAM) and Army Commendation Medal (ARCOM).
2. The applicant states that he was awarded the AAM and ARCOM in 1982 and 1983 and they were omitted from his DD Form 214.
3. The applicant provides no additional documents with his application.
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 12 February 1980 and served through continuous reenlistments as an air defense artillery short range gunnery crewman.
3. Permanent Orders 79-3 issued by Headquarters, 108th Air Defense Artillery Brigade on 29 November 1983 awarded the applicant the AAM for meritorious service during the period 21 July to 29 July 1983.
4. On 12 January 1987, the applicant was honorably discharged due to completion of required service. He had served 6 years, 11 months, and 1 day of creditable active service. His DD Form 214 shows he was awarded the Army Service Ribbon, Army Good Conduct Medal (2nd Award), and the Noncommissioned Officer Professional Development Ribbon with Numeral "2."
5. A review of his official records failed to show any orders or entries indicating that the applicant was awarded the ARCOM.
6. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AAM in duly-authenticated orders and is entitled to have that award added to his DD Form 214.
2. While the sincerity of the applicants claim that he was awarded the ARCOM is not in doubt, the applicant has not provided and his records do not contain orders awarding him the ARCOM.
3. Therefore, in the absence of orders there appears to be no basis to add the award of the ARCOM to his DD Form 214.
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 adding the award of the AAM to his DD Form 214.
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 adding the award of the ARCOM to his DD Form 214.
___________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) AR20140005911
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ABCMR Record of Proceedings (cont) AR20140005911
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