IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140018916
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 five awards of the Army Achievement Medal (AAM).
2. The applicant states that he received five awards of the AAM; however, his DD Form 214 shows only four awards of the AAM.
3. The applicant provides copies of five DA Forms 4980-18 (AAM Certificates), his DD Form 214, and a DD Form 215 (Correction to 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 17 September 1993. He was awarded military occupational specialty 95B (Military Police).
3. Through an extension of his enlistment and then a reenlistment, he continued serve on active duty. He was promoted to sergeant/E-5 on 29 July 1999.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations and Campaigns), in pertinent part, the AAM (4th Award).
5. A review of the applicant's military personnel records failed to reveal copies of any AAM award certificates/orders.
6. The applicant's DD Form 214, as corrected by a DD Form 215 issued on
30 August 2012, shows he was honorably released from active duty on 30 June 2000 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 6 years, 9 months, and 14 days of total active service this period. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows, in pertinent part, the AAM (4th Award).
7. On 21 December 2011, the applicant submitted a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) requesting, in pertinent part, upgrade of an AAM to the Soldier's Medal.
a. The application was considered under ABCMR Docket Number AR20120000059 on 10 July 2012.
b. It shows in support of the application, "[h]e provided a DA Form 638 [Recommendation for Award], dated 20 July 1998. The original award recommendation was for award of the Army Commendation Medal; however, his battalion commander downgraded the award to an AAM. An excerpt from the award recommendation states that "while deployed to Operation Joint Guardian [he] displayed courage during a sniper attack in the city of Odzak (Bosnia] where he attempted to perform lifesaving measures to an injured man. Actions like this ensured the safety of others around him."
c. The Board denied upgrading his AAM (4th award) to the Soldier's Medal.
8. In support of his application the applicant provides five AAM certificates that show he was awarded the AAM, as follows
* for meritorious achievement during Operation Uphold Democracy per Headquarters (HQ), 10th Military Police Battalion, Permanent Order (PO) Number 173-94, dated 21 December 1994
* for meritorious achievement from 27 August to 29 August 1997 per HQ, Task Force (TF) 1-77, 1st Infantry Division, Camp McGovern, Bosnia-Herzegovina, PO Number 260-09, dated 17 September 1997
* for meritorious achievement on 27 August 1997 per HQ, TF 1-77,
1st Infantry Division, Camp McGovern, Bosnia-Herzegovina, PO Number 264-01, dated 21 September 1997
* for meritorious service from 16 October 1996 to 14 October 1998 per
HQ, 101st Military Intelligence Battalion, PO Number 252-01, dated
9 September 1998
* for meritorious achievement from 11 July 1999 to 31 December 1999 per HQ Command, Fort Myer, VA, PO Number 006-1, dated 6 January 2000
9. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The AAM is awarded to members of the Armed Forces of the United States, who while serving 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. The applicant contends that his DD Form 214 should be corrected to show five awards of the AAM.
2. The evidence of record shows that permanent orders awarded the applicant five awards of the AAM.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the AAM (5th Award).
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 13 of his DD Form 214 by
* deleting the "Army Achievement Medal (4th Award)"
* adding the "Army Achievement Medal (5th 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) AR20140018916
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ABCMR Record of Proceedings (cont) AR20140018916
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