BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002289 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002289 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. preparing permanent orders awarding the applicant the Army Achievement Medal for meritorious achievement during the period 17 to 19 January 1994, in the rank of second lieutenant; and b. issuing the applicant an Army Achievement Medal Certificate for the above-cited award to include adding the permanent order number and orders issuing authority to the certificate. _____________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002289 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 issuance of an award certificate for his already-awarded Army Achievement Medal. 2. The applicant states he was awarded an Army Achievement Medal on or about 26 February 1994. He received the medal and a DA Form 638-1 (Recommendation for Award (For Other than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), but no award certificate. The former battalion commander who approved the award has since passed away, and, thus, is unavailable to sign a certificate. He asserts administrative error caused the certificate not to be issued; he has been trying to correct this mistake for the past 20 years. 3. The applicant provides a letter, dated 16 December 2015; a Meritorious Service Medal Certificate; and a DA Form 638-1, dated 15 February 1994. 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. Having had prior enlisted service in the California Army National Guard (CAARNG), he was appointed as a commissioned officer in the CAARNG. He executed his CAARNG oath of office (National Guard Bureau (NGB) Form 337 (Oaths of Office)) on 22 August 1992, and his Reserve Commissioned Officer of the Army oath of office (DA Form 71 (Oath of Office – Military Personnel)) on 29 December 1993. 3. His official military personnel file (OMPF) contains the following relevant documents: a. DA Form 638-1, dated 15 February 1994, indicates the applicant was recommended and approved for the Army Achievement Medal for the period 17 to 19 January 1994. The reason for this award was meritorious achievement based on his conduct and selfless service during relief missions resulting from the 1994 Northridge Earthquake. The approval authority (battalion commander) signed the form on 15 February 1994 indicating the award's approval. The section addressing the issuance of the award's Permanent Order (PO) Number 7-13, dated 15 February 1994, was not signed by the unit's adjutant/S-1. b. Army Achievement Medal Certificate, dated 1 September 1998, authorized by PO Number 244-01. c. Army Achievement Medal Certificate, dated 5 July 2000, showing PO Number 187-4. d. Nine DD Forms 214 (Certificate of Release or Discharge from Active Duty) all showing Army Achievement Medal (3rd Award) for the periods ending between November 1990 and April 2017. 4. The applicant continued his service in the CAARNG and rose to the rank of major. On 1 March 2012, he was honorably discharged due to loss code "GA" (gained to the ARNG of another State). The order noted, upon termination of Federal recognition, the applicant would become a member of the U.S. Army Reserve (USAR). 5. NGB Special Orders Number88 AR, dated 15 March 2012, shows his Federal recognition as a CAARNG officer was withdrawn effective 1 March 2012 because he was transferred to the USAR. 6. The applicant is currently serving in the USAR and was promoted to colonel effective 22 June 2017. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards and decorations. It states: 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. Table 3-5 (Steps for Preparing and Processing Awards using the DA Form 638) shows approval is indicated by completion of the approval authority block. On approval, the personnel office is to complete the Orders Data section to show the orders issuing headquarters, PO Number and date, the approved award, and the name and signature of the orders approval authority. Following this step, the personnel office prepares and issues an award certificate to the recipient which includes adding the PO Number and award issuing authority too. DISCUSSION: 1. It appears he was awarded an Army Achievement Medal for meritorious achievement in February 1994. The battalion adjutant/S-1's signature is missing from his DA Form 638-1, but the fact the approval authority signed the block affirming the award's approval lends credence to the applicant's assertion of administrative error. 2. His OMPF includes two other Army Achievement Medal Certificates, both reflecting a PO number, and every DD Form 214 he has been issued indicates he received three Army Achievement Medals. His record also contains a copy of the DA Form 638-1, dated 15 February 1994, signed by the appropriate approval authority. 3. Regulatory guidance requires the awards order issuing authority to assign a PO number and then sign the DA Form 638-1 authenticating it is an officially approved award. After this signature, an award certificate is normally prepared and presented to the awardee. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002289 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002289 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2