IN THE CASE OF 

      BOARD DATE:   22 July 2014

      DOCKET NUMBER:  AR20130021097


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 military records by issuing him the Army Achievement Medal (AAM) with certificate.

2.  The applicant states he recovered all of his awards in 2012 except for the AAM and certificate.

3.  The applicant provides a copy of Permanent Orders 61-7, 8th Infantry, dated 30 November 1990.

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138. This issue will not be further addressed in this Record of Proceedings.

3.  On 30 April 1979, the applicant enlisted in the Regular Army.  He attained the rank of specialist five, pay grade E-5 and was released from active duty on 
29 April 1982 due to completion of required service.

4.  On 21 April 1987, the applicant again enlisted in the Regular Army.  He served until 21 April 1992, when he was discharged in accordance with the Enlisted Voluntary Early Transition Program.  His DD Form 214 for this period of service indicates he was awarded a total of three AAMs.

5.  Permanent Orders 61-7 issued by Headquarters, 5th Battalion, 8th Infantry, dated 30 November 1990, as provided by the applicant, announced award of the AAM to the applicant for meritorious achievement from 16 February 1990 to 
1 March 1991.

6.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of a certificate with the AAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by issuing him a replacement certificate for his AAM.

2.  The available records clearly show that the applicant was awarded a total of three AAMs.  Unfortunately, only one order, as provided by the applicant, is available for review.  This order does not state the what, where, how, or under what circumstances he was awarded this AAM for meritorious achievement.  Therefore, it is impossible to recreate the citation that was on the original award recommendation and certificate for this award.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.


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)                                         AR20130021097



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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