IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100025601 


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, in effect, a second award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).   

2.  The applicant states, in effect, his second award of the AAM is not on his DD Form 214.

3.  The applicant provides:

* An award certificate for the AAM for meritorious performance of duty on 15 September 1989
* 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.  He enlisted in the Regular Army on 10 May 1988.  He completed his training and was awarded military occupational specialty 88M (Transport Operator).  On 13 June 1991, he was released from active duty.

3.  His DD Form 214 shows, among other awards, the AAM as an authorized award.
  
4.  Orders, dated 9 March 1989, show he received the AAM for meritorious achievement during the period 16 February 1989 to 18 February 1989.  

5.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows entitlement to one award of the AAM.

6.  There are no orders for a second award of the AAM in the available records.

7.  He provided an award certificate, dated 2 January 1990, which shows he received the AAM for meritorious performance of duty on 15 September 1989.  The certificate does not make note of the award orders.  

8.  Army Regulation 600-8-22 (Military Awards) states the AAM 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the AAM for meritorious achievement during the period 16-18 February 1989.  His DD Form 214 shows one award of the AAM.  

2.  There are no orders for a second award of the AAM in the available records and the applicant did not provide orders for a second award of the AAM.  In the absence of orders officially awarding him a second award of the AAM or any other official corroborating evidence, the award certificate provided by the applicant is not sufficient as a basis for adding a second award of the AAM 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)                                         AR20100025601



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ABCMR Record of Proceedings (cont)                                         AR20100025601



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