RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040007183


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1992 separation document be corrected
to reflect award of two Army Achievement Medals.

2.  The applicant states, in effect, that the same commander awarded both
awards while he was a member of the 162nd Ordnance Company.  He states he
received the first award in October 1990 and the second in June 1991.

3.  The applicant provides a copy of the two award certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 January 1992.  The application submitted in this case
is dated
30 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 14 July 1988.

4.  According to the award certificates provided by the applicant, he was
awarded his first Army Achievement Medal on 1 October 1990 for his
meritorious achievement as a custodial agent, providing security for a
special weapons storage site overseas.  The second Army Achievement Medal
was awarded on 14 June 1991 in recognition of his meritorious service as a
custodial agent between 4 December 1988 and 6 June 1991 for that same
organization.

5.  Both award certificates were signed by a lieutenant colonel and bear
the imprinted signature of the Secretary of the Army, the Honorable Michael
P.W. Stone, who was Secretary of the Army at the time.

6.  The applicant’s separation document confirms that he was assigned
overseas for approximately 30 months, the period for which he received his
second Army Achievement Medal.  His records also contain an order, issued
on 7 June 1991, confirming that the applicant was reassigned from the 162nd
Ordnance Company in Germany in June 1991 and assigned to the United States
Army Armor Center at Fort Knox, Kentucky.

7.  The applicant was released from active duty at Fort Knox on 15 January
1992 under an Army early release program.  His service was characterized as
honorable.

8.  Interim Change number 101 to Army Regulation 600-8-22, dated 1 December
1990, discontinued the policy requiring that an “order” be issued
confirming an award of the Army Achievement Medal.  Rather, the interim
change established a new Department of the Army Form 638-1 that included an
entry block for an order number.  Separate orders were no longer required.
The policy also provided that the order number would be recorded on the
award certificate.

9.  Army Regulation 600-8-22 provides that commanders in the pay grade of 0-
5 or higher may approve awards of the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Although a separate order would have been required to confirm the
applicant’s initial award of the Army Achievement Medal, his second award
should have had the order number reflected on his award certificate.

2.  In view of the fact that the requirement to show the order number of
the award certificate would have been relatively new, it is understandable
that the order number may have been omitted.

3.  While there is no order in the applicant's available records awarding
him his initial Army Achievement Medal, and the order number was omitted
from his second award certificate, both certificates are signed by an
appropriate award authority, reflect the imprinted signature of the
Secretary of the Army, and are consistent with his period of service
overseas.  In the absence of orders, or evidence to the contrary, the Board
accepts the applicant’s award certificates as authentication of entitlement
to two awards of the Army Achievement Medal, and in the interest of justice
concludes it would be appropriate to add the awards to his separation
document.




BOARD VOTE:

____JS__  ___LF  __  ___JM __  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing he was awarded two awards of
the Army Achievement Medal.




                            _____  Joe Schroeder______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007183                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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