IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160007577 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160007577 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), for the period ending 7 June 1988, to show his date of birth (DOB) as instead of , and to show he was awarded the Army Achievement Medal (AAM). 2. The applicant states this award is not shown on his discharge document and should be included. The error was discovered while processing a Department of Veterans Affairs (VA) benefit claim. 3. The applicant provides: * two certificates of live birth from the State of Minnesota * a copy of his social security card * DD Form 214, for the period ending 20 August 1980 * DA Form 4980-18 (AAM Certificate), dated 26 November 1986 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. Following prior service in the Army National Guard, the applicant enlisted in the Regular Army on 17 February 1982. His DD Form 4 (Enlistment/ Reenlistment Document – Armed Forces of the United States) shows his DOB as . He authenticated this form with his signature. 3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in: a. Item 5 (Oversea Service), he served in Germany from on or about 13 November 1983 through on or about 1 December 1986. b. Item 35 (Record of Assignments), he served with the Service Battery, 1st Battalion, 30th Field Artillery Regiment while stationed in Germany. 4. The applicant was separated on 17 June 1988. His DD Form 214 shows his DOB as . It does not show he was awarded the AAM. 5. The applicant's record is void of orders or other documentation that shows he was awarded the AAM. 6. The applicant provides: a. Two certificates of live birth from the State of Minnesota that show his DOB as . b. An AAM Certificate that shows he was awarded the AAM for exceptionally meritorious service during the period 16 November 1983 to 28 November 1986, while serving as a Wrecker Operator/Senior Mechanic assigned to Service Battery, 1st Battalion, 30th Field Artillery Regiment, 17th Field Artillery Brigade, VII Corps Artillery in the Federal Republic of Germany. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. 2. Army Regulation 635-5 (Separation Documents), in effect during the applicant's period of active service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's record contains a DD Form 4 that shows his DOB as , which is the DOB shown on his birth certificate. It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in his DOB being incorrectly entered. 2. The AAM was authorized on or after 1 August 1981, for members of the Armed Forces of the United States, who while serving in a noncombat area, distinguished themselves by meritorious service or achievement. However, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the AAM. 3. The applicant provides an AAM Certificate that shows he was awarded the AAM during his period of service in Germany; however, this award is not listed on his DD Form 214. The AAM Certificate does not include a permanent order number and separate permanent orders awarding him the AAM are not available for review. 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 June 1988, to show: * his date of birth as it is shown on his birth certificate * he was awarded the Army Achievement Medal 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007577 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007577 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2