BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018258
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 two awards of the Army Achievement Medal (AAM), a Certificate of Achievement, and a Letter of Commendation.
2. The applicant states that he received two awards of the AAM, a Certificate of Achievement and Letter of Commendation; however, only one award of the AAM is reflected on his DD Form 214.
3. The applicant provides copies of both awards of the AAM, his Certificate of Achievement and Letter of Commendation, and of 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 25 September 1987 for a period of 3 years and training as a field artillery fire finder radar operator. He completed his basic training at Fort Bliss, Texas and his advanced individual training at Fort Sill, Oklahoma before being transferred to Fort Riley, Kansas for his first and only assignment. He was advanced to the pay grade of E-4 on 1 June 1989.
3. Permanent Orders Number 196-13 issued by the Personnel Service Center at Fort Riley, Kansas on 3 November 1989 awarded the applicant the AAM for the period 25 August 1989 to 8 September 1989.
4. Permanent Orders Number 33-1 issued by Headquarters, 1st Infantry Division Artillery on 19 September 1990 awarded him the AAM for the period 28 May 1988 to 21 September 1990.
5. On 24 September 1990, the applicant was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Lapel Button, Army Service Ribbon, AAM and his marksmanship badges.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AAM (2nd Award) and is entitled to have this award reflected on his DD Form 214.
2. However, the applicants contention that his Letter of Commendation and Certificate of Achievement should be added to his DD Form 214 has been considered and found to lack merit.
3. The regulation governing the preparation of the DD Form 214 provides that certificates of achievement, letters of appreciation, and similar documents are not listed on the 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 deleting the award of the Army Achievement Medal from item 13 of his DD Form 214 and adding the award of the Army Achievement Medal (2nd Award) in its place.
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 his Letter of Commendation and Certificate of Achievement to his DD Form 214.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140018258
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ABCMR Record of Proceedings (cont) AR20140018258
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