IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150003826 


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 he was awarded or authorized:

* Army Commendation Medal 
* Army Achievement Medal (2nd Award)
* Army of Occupation Medal with Germany Clasp
* four Certificates of Achievement 

2.  The applicant states he recently obtained his DD Form 214 and realized his records are not complete.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate with Permanent Orders 134-1
* Army Achievement Medal Certificates (1st and 2nd Awards)
* Army Good Conduct Medal Certificate 
* four Certificates of Achievement 
* Certificate of Service
* Honorable Discharge Certificate 

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 12 November 1982.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Berlin, Germany from 18 June 1983 to 16 June 1985.

4.  Permanent Orders Number 142-7, dated 22 November 1983, issued by Headquarters, U.S. Army, Berlin, awarded him the Army Achievement Medal for service during the period 26 September to 18 November 1983.

5.  Permanent Orders Number 134, dated 12 August 1985, issued by Headquarters, U.S. Army, Berlin, awarded him the Army Commendation Medal for service during the period 23 June 1983 to 21 July 1985.

6.  He was released from active duty on 11 November 1986.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* Army Achievement Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

7.  There are no orders or any other evidence in the applicant's available records that show he was awarded the second award of the Army Achievement Medal.  

8.  The applicant provides an Army Achievement Medal Certificate indicating he was awarded the Army Achievement Medal with 1st oak leaf cluster (2nd Award) for service during the period 21 June 1985 to 11 November 1986.  However, he did not provide the orders and the orders number and/or issuing authority is not annotated on the certificate.  He also provides four Certificates of Achievement he received during his period of active duty service.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat 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.

	b.  The Army of Occupation Medal with Germany Clasp is authorized for service in Berlin between 9 May 1945 and 2 October 1990.

10.  Army Regulation 600-8-22 does not identify certificates of achievement as items that are to be recorded on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the Army Commendation Medal for service during a period covered by his DD Form 214.  However, the award was omitted from his DD Form 214.

2.  The applicant served in Berlin from 18 June 1983 to 16 June 1985.  His period of service in Berlin qualifies for award of the Army of Occupation Medal with Germany Clasp.

3.  There are no orders or other evidence in his military records that show he was awarded the second award of the Army Achievement Medal.  The governing Army regulation provides that as with all personal decorations, announcement in orders is required.  

4.  There are no provisions in current Army regulations authorizing the recording of Certificates of Achievement on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 to his DD Form 214 the Army Commendation Medal and the Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that 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 adding to his DD Form 214 the Army Achievement Medal (2nd Award) and four Certificates of Achievement.



      _______ _  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)                                         AR20150003826



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ABCMR Record of Proceedings (cont)                                         AR20150003826



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