BOARD DATE: 19 April 2018 DOCKET NUMBER: AR20160014631 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: 19 April 2018 DOCKET NUMBER: AR20160014631 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: 19 April 2018 DOCKET NUMBER: AR20160014631 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, in effect, correction of his records to show award of the Army Achievement Medal (AAM). 2. The applicant states, in effect, when the award was recommended, it was for doing an outstanding job for the period 27 November 1978 to 16 August 1983. The award was still processing when he was discharged. He was told the award was denied due to his reenlistment code. 3. The applicant provides: * DA Form 638 (Recommendation for Award) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 11 July 1978. 3. He was honorably released from active duty on 15 August 1983. His DD Form 214 shows he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon 4. The DD Form 214 he was issued at the time does not show he was awarded the AAM and there are no orders for the AAM in his official military personnel file (OMPF). 5. The applicant provides DA Form 638 dated 31 May 1983, which shows his battery commander recommended him for award of the AAM, but does not show whether the award recommendation was approved nor does this form list an order number. REFERENCES: Army Regulation 600-8-22 (Military Awards) 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. DISCUSSION: The DA Form 638 he provided does not show whether the award was ultimately approved, nor does it list an order number. There are no orders in his OMPF awarding him the AAM. The governing Army regulation requires announcement of all personal decorations in orders. Without a copy of the permanent orders, which announced the award or documentation confirming such orders were published, it would be inappropriate to add the award to his DD Form 214 based on the recommendation alone. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014631 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014631 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2