IN THE CASE OF:	  

		BOARD DATE:	    5 January 2009

		DOCKET NUMBER:  AR20090011650 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Achievement Medal.

2.  The applicant states he was awarded the Army Achievement Medal but it was omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a certificate for the Army Achievement Medal, and orders awarding him the Army Achievement Medal.

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 served on active duty in the Regular Army from 1 February 1977 through 26 August 1985 when he was honorably discharged with severance pay due to a physical disability.

3.  Headquarters, 1st Infantry Division and Fort Riley, Fort Riley, KS, Permanent Orders 152-3, dated 10 September 1985, awarded the applicant the Army Achievement Medal.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) lists his awards as the Army Commendation Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army of Occupation Medal, the Army Good Conduct Medal (2nd Award), and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

5.  The DD Form 214 list his awards as the Army Service Ribbon, the Army Occupation Medal, the Army Good Conduct Medal (2nd Award), the Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Army Achievement Medal but it was omitted from his DD Form 214.

2.  The applicant was awarded the Army Achievement Medal and authorized the Overseas Service Ribbon.  Neither of these awards are included on the DD Form 214.  It is appropriate to correct the DD Form 214 to show that, in addition to the awards listed, the applicant is authorized the Army Achievement Medal and the Overseas Service Ribbon.

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 showing on the DD Form 214 that, in addition to the awards listed, the applicant is authorized the Army Achievement Medal and the Overseas Service Ribbon.



      _______ _ 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)                                         AR20090011650



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ABCMR Record of Proceedings (cont)                                         AR20090011650



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