IN THE CASE OF:  	  

		BOARD DATE:  28 January 2016	  

		DOCKET NUMBER:  AR20150005792 


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 the Army Achievement Medal.

2.  The applicant states his DD Form 214 does not list his earned Army Achievement Medal and he would like this prestigious decoration added to his DD Form 214.

3.  The applicant provides his Army Achievement Medal 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 25 June 1987.

3.  He provided his Army Achievement Medal Certificate, dated 25 May 1989, for meritorious service during the period 2 November 1987 through 24 June 1989.

4.  On 24 June 1989, he was honorably released from active duty.  His DD Form 214 shows the Army Service Ribbon and Army Good Conduct Medal.

5.  On 24 July 1989, he enlisted in the Alabama Army National Guard.

6.  On 30 December 1991, he was honorably discharged from the Army National Guard.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows:

* Army Good Conduct Medal
* Army Service Ribbon
* Operation Desert Storm Ribbon (Alabama State Award)
* National Defense Service Medal

7.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not show the Army Achievement Medal.

8.  His records are void of orders awarding him the Army Achievement Medal.  On 8 January 2016, a member of the ABCMR staff contacted the applicant and requested a copy of the orders awarding him the Army Achievement Medal.

9.  On 16 January 2016, the applicant provided a response and stated:

* he does not recall receiving orders when he was awarded the Army Achievement Medal on 25 May 1989
* he remembers being presented the Army Achievement Medal Certificate, medal, and ribbon from his company commander

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided a copy of his Army Achievement Medal Certificate, his records are void of and he failed to provide orders issuing the award.  In the absence of orders, there is an insufficient evidentiary basis to grant the requested relief.

2.  The applicant is advised to resubmit his application to the Board should he find a copy of the orders awarding him the Army Achievement Medal.

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 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)                                         AR20150005792



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ABCMR Record of Proceedings (cont)                                         AR20150005792



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