IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020095 


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 the following corrections to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 September 1989:

* add a second award of the Army Achievement Medal
* add 1 day of active duty she served while serving her reserve obligation 

2.  The applicant states her DD Form 214 does not list her last award received from her last duty station in Germany.  Her DD Form 214 only shows one award of the Army Achievement Medal that she received at Fort Riley, KS in 1988.  She served one day on active duty after her discharge from the Regular Army, while serving her reserve obligation.  The 1 day she served will allow her to become a member of the American Legion as a veteran instead of an auxiliary member.

3.  The applicant provides her DD Form 214 with a separation date of 
14 September 1989. 

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 8 April 1986, she enlisted in the Regular Army for 3 years.  On 
11 September 1986, she was assigned to the 1st Personnel Service Center (PSC) at Fort Riley, KS.

3.  PSC, Fort Riley, KS Permanent Orders 161-2, dated 8 September 1988, awarded her the Army Achievement Medal for meritorious achievement during the period 15 March to 12 April 1988.

4.  On 5 October 1988, she immediately reenlisted for 3 years.  On 13 December 1988 she was assigned to the 575th PSC in Germany.

5.  Item 9 (Awards, Decorations & Campaigns) of her DA Form 2-1 (Personnel Qualification Record) shows only one award of the Army Achievement Medal.

6.  On 14 September 1989, she was released from active duty by reason of pregnancy.  She completed 3 years, 5 months, and 7 days of active service that was characterized as honorable.  Her DD Form 214 shows only one award of the Army Achievement Medal.

7.  There is no recommendation or orders in her Military Personnel Records Jacket (MPRJ) for the award of a second Army Achievement Medal.  Her MPRJ does not contain a DD Form 220 (Active Duty Report).

8.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization), then in effect, prescribes the polices, responsibilities, and procedures for ordering individual Soldiers of the Army National Guard of the United States and the U.S. Army Reserve to active duty during peacetime.  This regulation states, in pertinent part, that the DD Form 220 will be prepared by the first active duty (AD) station commander as soon as the Soldier reports.  This regulation further states that a DD Form 214 will be issued on release from temporary tours of active duty (TTAD) of 90 days or more and a DD Form 220 will be issued for TTAD of 89 days or less.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat 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.

10.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Orders show she was awarded the Army Achievement Medal for the period 15 March to 12 April 1988.  She contends her last duty station in Germany awarded her a second Army Achievement Medal.

2.  There is no recommendation or orders in her MPRJ awarding her a second Army Achievement Medal and her DA Form 2-1 only shows one award of the Army Achievement Medal.  There is insufficient evidence to add a second award of the Army Achievement Medal to her DD Form 214.

3.  Her active service shown on her DD Form 214 is correct as of the date of her separation from the Army.  Her MPRJ does not show she served one day of active duty after her separation.  However, any subsequent active duty completed after the date of her separation would be documented on a subsequent DD Form 214, for active duty of 90 days or more, or a DD Form 220, for active duty of less than 90 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20140020095



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ABCMR Record of Proceedings (cont)                                         AR20140020095



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