IN THE CASE OF: BOARD DATE: 2 August 2012 DOCKET NUMBER: AR20120001184 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: * award of the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM) * he served with the 82d Airborne Division 2. He states he is submitting the citations for both medals and neither is listed on his DD Form 214. 3. He provides his: * DD Form 214 * DA Form 4980-18 (Army Achievement Medal Certificate) * DA Form 4980-14 (Army Commendation Medal Certificate) * Honorable Discharge 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 18 November 1980. 3. His DA Form 2-1 (Personnel Qualification Record, Part II) shows in: a. item 9 (Awards, Decorations, and Campaigns), no indication of award of the ARCOM or AAM; b. item 35 (Current and Previous Assignments), he served with the 1st Battalion (Airborne), 505th Infantry Regiment, 82d Airborne Division, Fort Bragg, NC, from 27 March 1981 to 30 August 1983; and c. item 35, his last duty assignment was with Company A, 1st Battalion (Airborne), 87th Infantry Regiment, 8th Infantry Division, Germany, from 27 September 1983 to 8 November 1984. 4. He submitted: a. a DA Form 4980-18, issued by Company A, 2d Battalion (Mechanized), 87th Infantry Regiment, on 20 June 1984, which shows award of the AAM for the period 19 March to 25 April 1984; and b. a DA Form 4980-14, issued by Company A, 2d Battalion (Mechanized), 87th Infantry Regiment, on 17 November 1984, which shows award of the ARCOM for the period 27 September 1983 to 6 November 1984. 5. He was honorably released from active duty on 9 November 1984 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. His DD Form 214 shows in: a. item 7 (Last Duty Assignment and Major Command), Company A, 2d Battalion, 87th Infantry Regiment, U.S. Army Europe; and b. item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), does not show award of the ARCOM or AAM. 6. Army Regulation 600-8-22 (Military Awards) states the ARCOM 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, distinguishes 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. 7. Army Regulation 600-8-22 states the AAM 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. 8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 7 provides for the entry of the Soldier's last duty assignment and major command prior to transfer for separation. DISCUSSION AND CONCLUSIONS: 1. The evidence of record is void of orders showing the applicant was awarded the ARCOM or AAM. 2. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the ARCOM and AAM). Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show these awards. 3. The evidence of record shows he previously served with the 82d Airborne Division. However, the evidence clearly shows his last duty assignment was with Company A, 2d Battalion, 87th Infantry Regiment, 8th Infantry Division and the regulation states to enter the last major duty assignment in item 7 of the DD Form 214. Therefore, he is not entitled to have his DD Form 214 corrected to show he was assigned to the 82d Airborne Division. 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) AR20120001184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1