IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140020771 


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 in: 

* Item 13 (Awards, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) two awards of the Army Achievement Medal and the Overseas Service Ribbon
* Item 14 (Military Education) completion of German Headstart and the Air Defense Artillery (ADA) Short Range Gunnery Crewman Course 

2.  The applicant states:

* He has the certificates to prove he was awarded two awards of the Army Achievement Medal
* He completed the Germany Headstart Orientation and the ADA Short Range Gunnery Course

3.  The applicant provides his DD Form 214, two certificates showing two awards of the Army Achievement Medal, and a Certificate of Training. 

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's records show he enlisted in the Regular Army on 8 January 1985.  He completed the ADA Gunnery Crewman Course at Fort Bliss, TX, and he was awarded military occupational specialty (MOS) 16R (ADA Short Range Gunnery Crewmember).

3.  Following MOS training, he was reassigned to B Battery, 5th Battalion, 52nd ADA, Fort Stewart, GA on or about 24 June 1985.  He remained at Fort Stewart until separation. 

4.  His records contain Permanent Orders Number 39-1 (and the resulting certificate), issued by Headquarters, 5th Battalion, 52nd ADA, Fort Stewart on 13 November 1986 awarding him the Army Achievement Medal for service from 25 June 1985 to 18 December 1986. 

5.  He was honorably released from active duty on 10 January 1987 and he was transferred to a troop program unit of the U.S. Army Reserve to compete his remaining service obligations.  His DD Form 214 shows he completed 2 years of active service and he had lost time from 11 to 13 December 1985.  It also shows in: 

* Item 12f (Foreign Service) – the entry "00-00-00"
* Item 13, the Army Service Ribbon and Army Achievement Medal
* Item 14, the entry "None" 

6.  He provides:  

	a.  A certificate, dated 16 June 1986, showing he was awarded the Army Achievement Medal for service with the 5th Battalion, 52nd ADA from 2 May to 24 May 1986.  He did not provide accompanying permanent orders and his records do not contain such orders. 

	b.  A certificate, dated 23 October 1986, showing he was awarded the Army Achievement Medal for service with the 5th Battalion, 52nd ADA from 25 June 1985 to 18 December 1986.  The orders and this certificate are filed in his service record. 
	c.  A certificate, dated 9 April 1987, issued by the Mannheim Education Center indicating he completed 8 hours of German Headstart Orientation on that date. 

8.  Army Regulation 600-8-19 (Military Awards) states:

	a.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army are eligible for the award for successful completion of overseas tours.  

9.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Achievement Medal: 

	a. The applicant's service records contain a certificate and permanent orders confirming his award of the Army Achievement Medal for service with the 5th Battalion, 52nd ADA from 25 June 1985 to 18 December 1986.  This award is currently shown on his DD Form 214. 

	b. Unfortunately, there are no other orders on file and he provides none to support award of a second award.  The certificate he provides is insufficient by itself to confirm this award.  The governing Army regulation states that for personal decorations (which include the Army Achievement Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. 

	c.  If the applicant can provide the permanent orders, he may resubmit his request to this Board for reconsideration within the allowed timeframe. 
2.  Item 14 of the DD Form 214 states to show formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.  The German Headstart Orientation Course was not completed during the period covered by the DD Form 214 and the ADA Short Range Gunnery Crewman Course is clearly a combat course.  As such neither training course is authorized for entry on his DD Form 214. 

3.  There is no evidence in the applicant's records and he provides none to show he completed and/or received credit for a completed overseas tour during the period covered by his DD Form 214.  Therefore, He does not meet the criteria for award of the Overseas Service Ribbon or its addition to his DD Form 214

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)                                         AR20140020771





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ABCMR Record of Proceedings (cont)                                         AR20140020771



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