IN THE CASE OF:	  

		BOARD DATE:	        19 February 2009

		DOCKET NUMBER:  AR20080016478 


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 ending period 4 February 1984 to show award of the Army Achievement Medal.

2.  The applicant states that he received the above award but it did not get entered on his DD Form 214 when he out-processed. 

3.  The applicant provides his DD Form 214 and an Army Achievement Medal certificate, dated 21 May 1982.

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 5 February 1980 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 62B (Construction Equipment Repairman).

3.  Headquarters, 3rd Armored Division, Permanent Orders 62-04, dated 2 June 1982, show that the applicant was awarded the Army Achievement Medal for meritorious service during the period 11 June 1980 through 3 June 1982.

4.  On 4 February 1984, the applicant was honorably released from active after completing 4 years of creditable active service.

5.  The applicant's DD Form 214 for the period ending 4 February 1984 shows he was awarded the Army Good Conduct Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Grenade Bar.

DISCUSSION AND CONCLUSIONS:

The Evidence of record shows that the applicant was awarded the Army Achievement Medal.  His DD Form 214 should be amended to add the Army Achievement Medal.

BOARD VOTE:

___x____  ___x____  ___x____  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 amending his DD Form 214 for the period ending 4 February 1984 to show the award of the Army Achievement Medal.


															XXX
      _________________________
                 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)                                         AR20080016478



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ABCMR Record of Proceedings (cont)                                         AR20080016478



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