IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080006886 


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) to show award of the Army Achievement Medal.

2.  The applicant states, in effect, that the medal was omitted from his DD Form 214. 

3.  The applicant provides an award certificate for the Army Achievement Medal and a copy of his 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.  The applicant enlisted on 23 August 1979, served as a military police, and was released from active duty on 20 August 1982. 

3.  The applicant’s DD Form 214 does not show the Army Achievement Medal as an authorized award.

4.  The applicant’s records contain no derogatory information.

5.  There are no orders for the Army Achievement Medal in the applicant’s service personnel records.  However, the applicant provided an award certificate, dated 28 May 1982, for the Army Achievement Medal for meritorious service during the period 5 March 1981 through 1 July 1982.  This certificate was authenticated by Colonel J--n T. T------n.  The certificate is also signed by John O. Marsh, Jr. as Secretary of the Army.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Achievement Medal.  However, the applicant’s records contained no derogatory information, and the Army Achievement Medal award certificate provided by the applicant indicated the award was for a period of service ending with his separation from the Army.  An Army Achievement Medal is a typical end-of-service award for a young Soldier.  

2.  Any reasonable doubt should be resolved in the applicant’s favor and, therefore, the Army Achievement Medal award certificate and his record of service are accepted as sufficient bases for adding the Army Achievement Medal to the applicant's DD Form 214.  

BOARD VOTE:

__xx____  __xx____  __xx____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding the Army Achievement Medal to his DD Form 214.




      ________xxxx___________
      	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.

ABCMR Record of Proceedings (cont)                                         AR20080006886



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ABCMR Record of Proceedings (cont)                                         AR20080006886



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