IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150003457
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 Achievement Medal.
2. The applicant states the omission appears to be a typographical error. He was awarded this award while in Germany as part of the Boeslager Cup competition in 1982/1983.
3. The applicant provides 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's service records show he enlisted in the Regular Army on 30 July 1980. He completed basic combat and advanced individual training and he was awarded military occupational specialty 19D (Cavalry Scout).
3. He served in Germany with K Troop, 3rd Squadron, 2nd Armored Cavalry Regiment, from 28 March 1982 to 24 August 1983.
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Achievement Medal and his records do not contain orders awarding him this award.
5. He was honorably released from active duty on 26 August 1983 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows he completed 3 years and 27 days of active service. This form does not show award of the Army Achievement Medal.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's service records in the form of permanent orders and he provides none that shows he was recommended for or awarded the Army Achievement Medal. 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. In the absence of the permanent orders, there is insufficient evidence to add this award 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) AR20150003457
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ABCMR Record of Proceedings (cont) AR20150003457
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