IN THE CASE OF:	  

		BOARD DATE:	        23 April 2009 

		DOCKET NUMBER:  AR20080019737 


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 a second award of the Army Achievement Medal.

2.  The applicant states that the second award of the Army Achievement Medal was never documented on his DD Form 214 or his DD Form 215 (Correction to DD Form 214).

3.  The applicant provides no documentary evidence in support of his application.

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 17 April 1992.  He trained as a Man Portable Air Defense System crewmember and an administrative specialist.  On 20 August 1994, he was released from active duty.

3.  The applicant's DD Form 214 shows, among other awards, one award of the Army Achievement Medal as an authorized award.

4.  There are no orders for a second award of the Army Achievement Medal in the available records.

5.  A DD Form 215, dated 5 June 2006, amended the applicant's DD Form 214 to add the Good Conduct Medal and the Korea Defense Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record, and the applicant has provided no evidence, which shows he received a second award of the Army Achievement Medal.  Therefore, there is an insufficient basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X_____  ___X___   DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20080019737



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ABCMR Record of Proceedings (cont)                                         AR20080019737



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