IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20080017204


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 the Army Achievement Medal (2nd Award) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the award was omitted from his DD Form 214.

3.  The applicant provides:

	a.  Permanent Orders 22-2, Headquarters, 72nd Ordnance Battalion, APO New York 09059, dated 22 December 1988, awarding him the Army Achievement Medal (First Oak Leaf Cluster);

	b.  a copy of his Army Achievement Medal Certificate;

	c.  a copy of his DD Form 214; and

	d.  a copy of his NGB Form 22 (National Guard Bureau – Report of Separation and Record of Service).

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’s DD Form 214 shows he served as a Regular Army Military Policeman from 22 January 1986 through 21 January 1989 when he was honorably separated.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

3.  Permanent Orders 22-2, Headquarters, 72nd Ordnance Battalion, APO New York  09059, dated 22 December 1988, awarded the applicant a second Army Achievement Medal.

4.  Permanent Orders 170-3, 575th Personnel Service Company, APO New York  09175, dated 8 December 1988, awarded the applicant the Army Good Conduct Medal for the period 22 January 1986 to his date of separation on or about 21 January 1989.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a second award of the Army Achievement Medal on 22 December 1988; he was separated on 21 January 1989, but the award was not included on his DD Form 214.

2.  The applicant’s DD Form 214 should be corrected to show "Army Achievement Medal (2nd Award)."

3.  The applicant also received the Army Good Conduct Medal.  This award should be added to his DD Form 214.



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 adding the Army Achievement Medal (2nd Award) and Army Good Conduct Medal to his DD Form 214.



      __________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)                                         AR20080017204



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ABCMR Record of Proceedings (cont)                                         AR20080017204



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