IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001809 


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 his Army Achievement Medal (AAM).

2.  He states the award was not added to his DD Form 214 prior to his discharge from the Army in 1985.

3.  He provides a copy of a DA Form 4980-18 (AAM 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 24 April 1979.  He completed training and he was awarded military occupational specialty 19E (Armor Crewman).

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the AAM.

4.  The applicant provided a copy of his AAM certificate for the period 23 June 1981 to 22 February 1984.  The certificate does not contain an orders number.

5.  His record is void of official orders to validate the award of the AAM.

6.  On 21 November 1985, the applicant was discharged.  He completed 6 years, 6 months, and 12 days of net active service with 16 days of time lost.

7.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to any member 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.  The applicant's request to add the AAM to his DD Form 214 was carefully considered; however, it is not supported by the evidence of record. 

2.  His record is void of evidence and he has not provided sufficient evidence, such as official orders, which show he was awarded the AAM.  Army regulations provide that the AAM will be announced in orders; therefore, the AAM certificate alone is an insufficient 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)                                         AR20110001809



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ABCMR Record of Proceedings (cont)                                         AR20110001809



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