IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010460 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010460 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010460 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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 7 June 2000: * Army Commendation Medal * Army Achievement Medal 2. The applicant states he was awarded an Army Achievement Medal for his service in Korea from November 1997 - November 1998. He was awarded an Army Commendation Medal for his efforts during the August 1998 flood of Camp Hovey, Korea. 3. The applicant provides a copy of a lab report from Acadiana Criminalistics Laboratory. 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. On 27 March 1997, he enlisted in the Regular Army for 4 years. He was assigned to B Battery, 5th Battalion, 5th Air Defense Artillery in Korea from 26 November 1997 - 19 November 1998. 3. Item 9 (Awards, Decoration & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Commendation Medal or the Army Achievement Medal. 4. Section E - Awards and Decorations of his Enlisted Record Brief (ERB) does not show he was awarded the Army Commendation Medal or the Army Achievement Medal. 5. There are no orders in his official military personnel file (OMPF) for the award of the Army Commendation Medal or the Army Achievement Medal. 6. On 7 June 2000, he was discharged by reason of misconduct due to a civil conviction. His DD Form 214 does not show he was awarded the Army Commendation Medal or the Army Achievement Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. DISCUSSION: 1. The applicant contends the awards of the Army Commendation Medal and Army Achievement Medal should be added to his DD Form 214. 2. His DA Form 2-1 and his ERB do not show he was awarded the Army Commendation Medal or the Army Achievement Medal. 3. There are no orders in his OMPF awarding him the Army Commendation Medal or the Army Achievement Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010460 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2