BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140019841
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 Commendation Medal
* Army Achievement Medal with 1st Oak Leaf Cluster
* Overseas Service Ribbon
2. The applicant states the requested awards are not properly annotated on his DD Form 214.
3. The applicant provides no additional evidence.
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 31 August 1984.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* item 5 (Oversea Service) Egypt, Sinai, for the period 10 December 1985 to 29 May 1986
* item 9 (Awards, Decorations, and Campaigns)
* Army Service Ribbon
* Multinational Force and Observers Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. 9th Personnel Service Company Permanent Orders 68-25, dated 9 June 1986, awarded him the Army Achievement Medal for the period 17 December 1985 to 1 March 1986.
5. A DA Form 2496 (Disposition Form), dated 23 June 1986, shows the applicant was advised:
* his tour length for duty in the Sinai was insufficient to receive credit for a completed overseas tour
* a completed overseas tour credit in Sinai was 12 months or a minimum of 10 months
* his overseas return date was adjusted
6. On 30 June 1987, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* Army Service Ribbon
* Multinational Force and Observers Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
7. His records are void of and he failed to provide evidence showing he was awarded the Army Commendation Medal or a second Army Achievement Medal.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. The Overseas Service Ribbon is awarded for successful completion of overseas tours.
9. Army Regulation 614-30 (Overseas Service), in effect at the time, provided eligibility, selection, and tour lengths for military personnel serving overseas. Appendix B, table B-1 (Overseas Tour Lengths for Military Personnel Other than the Defense Attaché System), shows 12 months of service in Sinai was required for credit for a normal overseas tour of duty.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Army Achievement Medal. His DD Form 214 should be corrected to show award of the Army Achievement Medal. His records are void of and he failed to provide any evidence showing he was awarded a second Army Achievement Medal.
2. His records are void of and he failed to provide any evidence showing he was awarded the Army Commendation Medal. In the absence of evidence to the contrary, there is no basis to correct his DD Form 214 to show award of the Army Commendation Medal.
3. The evidence of record shows he had insufficient service in Sinai, Egypt, for credit for a completed overseas tour. There is no basis to correct his DD Form 214 to show award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 award of the Army Achievement Medal to his DD Form 214.
2. The Board further determined 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 award of the Army Commendation Medal, Army Achievement Medal (2nd Award), and Overseas Service Ribbon.
____________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) AR20140019841
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