SAMA-RB 7 December 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160004706 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 28 November 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by adding the Army Achievement Medal to her DD Form 214. I direct no further correction be made to the record of the individual concerned. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 9 April 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl .£. Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004706 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004706 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004706 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was awarded an Army Achievement Medal (AAM), a Certificate of Achievement, and two Certificates of Promotion to private first class (PFC)/E-3 and specialist (SPC)/E-4. 2. The applicant states she would like to have her DD Form 214 updated to reflect that she received these awards, certificates, and promotions, and requests they be listed on her DD Form 214. 3. The applicant provides: * DA Form 4187-E (Personnel Action), dated 8 March 2002 * Certificate of Promotion to PFC, dated 1 April 2002 * DA Form 638 (Recommendation for Award), dated 14 June 2002 * Certificate of Achievement for the period 27 March 2002 to 14 June 2002 * DA Form 638, dated 4 September 2002 * AAM Certificate for the period 19 August 2002 to 27 August 2002 * DA Form 4187-E, dated 18 June 2002 * Certificate of Promotion to SPC, dated 1 August 2002 * DD Form 214 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. On 2 June 2000, the applicant enlisted in the Regular Army as a private (PVT)/E-2. After initial training, she was awarded military occupational specialty 91W (Health Care Specialist.) 3. A DA Form 4187-E, dated 8 March 2002, shows the applicant was promoted to the rank/grade of PFC/E-3, with an effective date of 1 April 2002. 4. The applicant provides a Certificate of Promotion that shows she was promoted to PFC/E-3 on 1 April 2002. 5. A DA Form 638, dated 14 June 2002, shows the applicant was recommended for an AAM for achievement for the period 27 March 2002 to 14 June 2002; however, it appears this award was downgraded to a Certificate of Achievement. 6. The evidence of record shows the applicant was awarded a Certificate of Achievement for the period 27 March 2002 to 14 June 2002 for meritorious achievement as Health Care Specialist, Emergency Medical Technician, and Ambulance Driver. 7. A DA Form 4187-E, dated 18 June 2002, shows the applicant was promoted to the rank/grade of SPC/E-4, with an effective date of 1 August 2002. 8. The applicant provides a Certificate of Promotion that shows she was promoted to SPC/E-4 on 1 August 2002. 9. The applicant provides an AAM Certificate, annotated with Permanent Order 260-2, issued by Headquarters, U. S. Army Medical Department Activity (USAMEDDAC), Fort Eustis, VA, which shows she was awarded the AAM for meritorious achievement as the distinguished Honor Graduate during the period 19 August 2002 to 27 August 2002. 10. On 12 September 2003, the applicant was discharged from military service with an under honorable conditions (general) character of service, due to misconduct and reduced to PVT/E-1. Her DD Form 214 shows she received the Army Service Ribbon. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), dated 28 March 1995, paragraph 3-1 (AAM), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. paragraph 3-18(a), the DA Form 638 will be used to initiate, process, and approve award recommendations of all U.S. Army individual decorations, b. paragraph 3-18(d), the approval authorities may make award decisions without referral to a local awards board. Awards boards are optional, and are at the discretion of the approval authority, c. paragraph 3-18(e), permanent award orders are an authorized part of the DA Form 638, and d. paragraph 3-18(7)v, if an award is approved, a copy of the approved award certificate, with the Soldier’s social security number written at the top right corner, will be filed in the official military personnel file. Permanent order data will already exist on the original certificate in typed format in the lower left hand portion of the certificate. 2. Army Regulation 600-8-22 does not identify certificates of achievement, promotions, letters of appreciation/commendation, and similar documents as items that are to be recorded on the DD Form 214. 3. Army Regulation 635-5 (Separation Documents), dated 15 September 2000 prescribes policies and procedures governing the preparation of separation documents. It states the DD Form 214 is a summary of a separating Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active duty service at the time of released from active duty, retirement, or discharge. The preparation instructions state to list awards and decorations for all periods of service in the designated block of the DD Form 214. DISCUSSION: 1. The applicant contends that her DD Form 214 should be corrected to show she was awarded an AAM and a Certificate of Achievement, and that her two Certificates of Promotion to PFC/E-3 and SPC/E-4 be added. 2. Permanent orders awarded her the AAM; however, this award is not listed on her DD Form 214. 3. There are no provisions in Army regulations that authorize the recording of a Certificate of Achievement or Certificates of Promotions on the DD Form 214. A //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004706 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2