BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160000912 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: 18 January 2018 DOCKET NUMBER: AR20160000912 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 adding the Army Achievement Medal to his DD Form 214. ___________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: 18 January 2018 DOCKET NUMBER: AR20160000912 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 the paperwork was not properly filed and entered into the record. He earned this medal. 3. The applicant provides a certificate for award of the Army Achievement Medal. 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 30 September 1988 and he held military occupational specialty 13B (Cannon Crewmember). 3. He served in Germany from 14 February 1989 to on or about 24 May 1991. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to: * A Battery, 4th Battalion, 7th Field Artillery, from 15 February 1989 to 15 February 1991 * C Battery, 4th Battalion, 77th Field Artillery (i.e., 7th Field Artillery), from 15 February 1991 to 24 May 1991 4. On 29 October 1990, the applicant's immediate commander (Captain (CPT) Ja__ S. Fis__, A Battery, 4th Battalion, 7th Field Artillery) initiated a Bar to Reenlistment Certificate against the applicant citing the applicant's physical fitness challenges. 5. Following completion of his overseas tour, he was reassigned to Fort Sill, OK. On 4 December 1992, he applied for early separation. His request was approved. He was honorably discharged from active duty on 31 January 1992. His DD Form 214 shows he was awarded or authorized the: * Overseas Service Ribbon * Army Service Ribbon * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Army Good Conduct Medal 6. His service record does not contain permanent orders awarding him the Army Achievement Medal. Additionally, item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not list the Army Achievement Medal as an authorized award. 7. He provides a certificate, issued/signed by Lieutenant Colonel (LTC) Ri___ E. Ev___, Field Artillery, on 19 June 1989, awarding him the Army Achievement Medal for meritorious achievement while serving as a cannoneer with Battery A, 4th Battalion, 7th Field Artillery Regiment, from 5 to 21 April 1989. 8. A review of CPT Ja__ S. Fis__'s records (the applicant's immediate commander while assigned to A Battery, 4th Battalion, 7th Field Artillery) shows he was rated by LTC Ri___ E. Ev___, Battalion Commander, 4th Battalion, 7th Field Artillery. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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 himself or herself 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. There are no permanent orders showing he was awarded the Army Achievement Medal. The governing Army regulation states that for personal decorations (including the Army Achievement Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. However: * the applicant provides a certificate signed by an appropriate level commander approving award of the Army Achievement Medal for meritorious achievement from 5 to 21 April 1989 * the period of achievement and unit of assignment are consistent with other documents in the applicant's service record * the award approval authority was assigned as the battalion commander during the period referenced in the certificate * at the time this award certificate was issued, the Army did not annotate the order number on the certificate as is current practice 2. The Board must determine if a preponderance of the evidence shows the applicant was awarded 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) AR20160000912 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000912 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2