IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015207
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 two awards of the Army Achievement Medal and a unit award for the 224th Military Intelligence Battalion be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 March 1988.
2. The applicant states the awards of the Army Achievement Medal are not shown on her DD Form 214. She states she was assigned to the 224th Military Intelligence Battalion from 1983 - 1985 and the unit was awarded some type of medal for its work at Palmerola Air Base in Honduras.
3. The applicant provides:
* DD Form 214
* two certificates for the award of the Army Achievement Medal
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. On 5 November 1981, she enlisted in the Regular Army.
3. She was assigned to the 224th Military Intelligence Battalion from 23 May 1983 - 27 February 1985.
4. Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA Permanent Orders 141-2, dated 1 August 1984, awarded the applicant the Army Achievement Medal for meritorious achievement/service from
29 November 1983 - 19 May 1984.
5. On 16 March 1988, she was released from active duty. Her DD Form 214 lists the following awards:
* Army Good Conduct Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Item 9 (Awards, Decoration & Campaigns) of her DA Form 2-1 (Personnel Qualification Record) indicates she was awarded one Army Achievement Medal.
7. There are no orders in her Military Personnel Records Jacket (MPRJ) for the award of the Army Achievement Medal for the period 5 April 1985 - 15 March 1988.
8. She provided a certificate awarding her the Army Achievement Medal for meritorious achievement during the period 29 November 1983 to 19 May 1984.
9. She provided a certificate awarding her the Army Achievement Medal for exceptionally meritorious service during the period 5 April 1985 - 15 March 1988. There is no order number indicated on the certificate.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded from the Vietnam Conflict up to January 1988. A search of this pamphlet did not show the 224th Military Intelligence having received an award during the period the applicant was assigned.
11. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show she was awarded the Army Achievement Medal for the period 29 November 1983 - 19 May 1984.
2. Her DA Form 2-1 does not show she was awarded a second Army Achievement Medal for the period 5 April 1985 - 15 March 1988. There are no orders in her MPRJ awarding her a second Army Achievement Medal. Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required. Therefore, there is insufficient evidence to add a second award of the Army Achievement Medal to her DD Form 214.
3. In view of the above, one award of the Army Achievement Medal should be added to her DD Form 214.
4. There is no evidence the 224th Military Intelligence Battalion received a unit award for the period during which she was assigned.
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 Army Achievement Medal to her DD Form 214 with a separation date of 16 March 1988.
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 a second award of the Army Achievement Medal and a unit award.
_______ _ 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) AR20140015207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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