BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160002031 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: 30 May 2017 DOCKET NUMBER: AR20160002031 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned be by amending his DD Form 214 as follows: a. Delete the Army Achievement Medal (2nd Award) and b. Add the following awards: * Army Commendation Medal * Army Achievement Medal (4th Award) * U.S. Army Excellence in Competition Badge, Bronze-Rifle ___________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: 30 May 2017 DOCKET NUMBER: AR20160002031 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 military record to show the U.S. Army Excellence in Competition Badge, Bronze, Rifle; Army Commendation Medal; and the Army Achievement Medal (4th award). 2. The applicant states the aforementioned awards should be added to his record. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * three award orders * four award certificates 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 (RA) on 8 August 1985. 3. His official military personnel file (OMPF) contains and he provides the following award orders: * Headquarters, 17th Signal Battalion, Permanent Order (PO) Number (#) 17-9, dated 19 August 1991, Army Achievement Medal for meritorious achievement from 15 – 30 July 1991 * Headquarters, 17th Signal Battalion, PO # 24-4, dated 26 September 1991, Army Achievement Medal for meritorious achievement from 24 August – 20 September 1991 * Headquarters, United States Army Infantry Center, PO # 103-35, dated 30 May 1989, U.S. Army Excellence in Competition Badge, Bronze, Rifle 4. His OMPF contains no recommendations (DA Form 638 (Recommendation for Award)) or orders for the Army Commendation Medal or any additional Army Achievement Medals other than those listed in paragraph 3 immediately above. 5. On 22 July 1993, the applicant was honorably discharged from the RA after completing 7 years, 11 months, and 15 days of creditable active duty service. His DD Form 214 shows he was awarded or authorized the following: * Army Achievement Medal (2nd Award) * Good Conduct Medal (2nd Award) * NCO Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars * Expert Infantryman Badge * Parachutist Badge 6. The applicant’s provides three certificates that announce his receipt of the following awards: * Army Achievement Medal for achievement during the period 5 February – 27 March 1992, announced in PO #4-24, dated 2 July 1992 * Army Achievement Medal for exceptional meritorious achievement during the period 15 September to 9 October 1992, announced in PO # 32-9, dated 9 October 1992 * Army Commendation Medal for meritorious service during the period 16 to 26 July 1993, announced in PO # 43-12, dated 6 July 1993 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. 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, 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION: 1. The evidences of record shows that permanent orders awarded the applicant the Army Achievement Medal (4th Award); the Army Commendation Medal; and the U.S. Army Excellence in Competition Badge, Bronze, Rifle. These awards are not reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002031 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2