IN THE CASE OF: BOARD DATE: 21 July 2023 DOCKET NUMBER: AR20220011687 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 1982 to show award of the Army Achievement Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * DA Form 2446 (Request for Orders), 26 January 1983 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was awarded the Army Achievement Medal and it is not reflected on his DD Form 214. 3. The DA Form 638 (Recommendation for Award) from the 203d Aviation Company Commander, 19 August 1982, recommended the applicant for award of the Army Achievement Medal for exceptionally meritorious service during the period 11 September 1981 to 15 December 1982. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 5 (Oversea Service) – overseas tour credit for service in Germany from 11 September 1981 through 21 December 1982 (projected) * item 9 (Awards, Decorations, and Campaigns) – * Army Service Ribbon * Air Assault Badge * Aircraft Crewmen Badge * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * item 35 (Record of Assignments), in part – 203rd Aviation Company, Germany, from 16 August 1982 through on or about 30 November 1982 5. The applicant's records do not contain orders awarding him the Army Achievement Medal or Army Good Conduct Medal (1st Award). 6. He was honorably released from active duty on 1 December 1982 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 2 years, 11 months, and 5 days * item 12f (Foreign Service) – 1 year, 2 months, and 19 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Air Assault Badge * Aircraft Crewmen Badge * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * item 28 (Narrative Reason for Separation) – Short Length of Time Remaining on Active Duty Precludes Reassignment 7. The DA Form 2446 (Request for Orders), 26 January 1983, shows the 11th Aviation Battalion (Combat) Commander requested orders awarding the applicant the Army Achievement Medal for meritorious service during the period 11 September 1981 through 15 December 1982. 8. The Headquarters, 11th Aviation Battalion (Combat), memorandum from the battalion commander (Presentation of Award), 28 January 1983, forwarded the applicant's approved award of the Army Achievement Medal to the 203rd Aviation Company Commander for presentation. 9. The DA Form 1577 (Authorization for Issuance of Awards), 19 February 1993, shows the U.S. Army Reserve Personnel Center, St. Louis, MO, authorized issuance of the Army Achievement Medal and Army Good Conduct Medal to the applicant. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's contentions, military records, and regulatory guidance. Based on the documentation available for review, to include the request for orders and a properly completed and signed DA Form 638 recommending the applicant for the award of the Army Achievement Medal, the Board determined the evidence presented sufficient for a recommendation for relief. 2. Prior to closing the case, the Board noted that the applicant’s service record shows he received "excellent" conduct and efficiency ratings throughout his service. As his record is void having received the Army Good Conduct Medal, the Board agreed his record should be further corrected to show the award of the AGCM. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 DD214 for the period ending 1 December 1982 the following: * Army Achievement Medal. * Army Good Conduct Medal (1st Award) for exemplary service from 14 October 1966 to 3 February 1969 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. ? REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 3-20 (Army Achievement Medal) provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree that required for the award of the Army Commendation Medal. b. Chapter 4 (Army Good Conduct Medal) provides that the Army Good Conduct Medal is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Any one of the following periods of continuous enlisted active federal military service qualifies for award of the Army Good Conduct Medal: a. each 3 years completed on or after 27 August 1940; b. for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; c. for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Subsequent awards must be for completion of 3 years of continuous enlisted active federal military service; d. for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty; or ? e. for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011687 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1