BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003797
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 Army Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 January 1992.
2. The applicant states the Army Achievement Medal was not included on his DD Form 214.
3. The applicant provides:
* a certificate for the award of the Army Achievement Medal
* Member-1 copy of his DD Form 214 with a separation date of 31 January 1992
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. With prior service in the Armed Forces, the applicant enlisted in the Regular Army on 27 May 1970. He served continuously until his retirement for sufficient length of service.
3. He was assigned to the 13th Battalion, 7th Infantry Division (Light) from 3 May 1985 through 4 October 1987.
4. The applicant provided a certificate awarding him the Army Achievement Medal for the period 1 July through 11 August 1986 for exceptionally commendable achievement as an intelligence sergeant for the 13th Engineer Battalion, 7th Infantry Division (Light). The certificate was signed on 10 October 1986. There is no order number on the certificate.
5. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Achievement Medal.
6. On 31 January 1992, he was retired and placed on the Retired List the following day. His DD Form 214 does not show he was awarded the Army Achievement Medal.
7. There is no recommendation (DA Form 638 (Recommendation for Award)) or orders for the Army Achievement Medal in his official military personnel file (OMPF).
8. 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.
9. 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:
The certificate he provided does not show an order number. His DA Form 2-1 does not show he was awarded the Army Achievement Medal. There are no orders in his OMPF awarding him the Army Achievement Medal. Army regulations require that for all personal decorations announcement in orders are required. Without the permanent order that announced this award, there is insufficient evidence to support adding it 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.
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