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ARMY | BCMR | CY2004 | 20040010848C070208
Original file (20040010848C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010848


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, award of the Army Achievement Medal.

2.  The applicant states, in effect, that the Army Achievement Medal she
received should be added to her discharge document.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty) and Army Achievement Medal
Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 February 1983, the date of her separation from active duty.
The application submitted in this case is dated 30 November 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.  The applicant's military service record shows that she enlisted in the
U.S. Army on 13 February 1980.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 91B (Medical Specialist).

4.  The applicant's military service record shows that she volunteered and
was assigned to the Medical Research Volunteer Subject Program, U.S. Army
Research Institute of Infectious Diseases, Fort Detrick, Maryland, from
6 June 1980 to 13 February 1983.  She attained the rank of specialist/pay
grade E-4 and was honorably separated from the U.S. Army on14 February 1983
after serving on active duty for a total of 3 years and 2 days.

5.  The applicant's military service records show that, during the period
of her assignment to the U.S. Army Medical Research Institute of Infectious
Diseases, she completed Introductory Principles of Radiation Protection
training and
qualified as an Assistant Laboratory Animal Technician.  Her records also
show that she successfully completed the Pharmacy Specialist (MOS 91Q) and
Operating Room Specialist (MOS 91D) correspondence courses.

6.  The applicant's military service records show that, during the period
of her assignment to the U.S. Army Medical Research Institute of Infectious
Diseases, she was selected twice as the unit's Soldier of the Month, for
the months of October 1981 and January 1982.

7.  The applicant's records show that she received a letter of commendation
from the Chief, Department of Applied Toxin Research, dated 3 May 1982, for
her participation as a volunteer in a medical research study.  Her records
also show that she received a letter of appreciation from the Commander,
Fort Detrick, Maryland, dated 13 July 1982, for her hard work and
assistance during Fort Detrick's Armed Forces Day Open House on 15 May
1982.

8.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 9
(Awards, Decorations & Campaigns), shows that she was awarded the Good
Conduct Medal (1st Award), Army Service Ribbon, Marksman Qualification
Badge (M-16) Rifle, and Sharpshooter Qualification Badge (Hand Grenade).

9.  The applicant's DD Form 214, issued at the time of her separation,
shows in Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that she was awarded the Good
Conduct Medal, Marksman Qualification Badge (M-16) Rifle, and Sharpshooter
Qualification Badge (Hand Grenade).

10.  There are no orders in the applicant’s service personnel record which
shows that she was awarded the Army Achievement Medal.

11.  The applicant's military service records contain no adverse
information.

12.  The applicant provides a copy of her DD Form 214 and Army Achievement
Medal Certificate in support of her application.  The Army Achievement
Medal Certificate shows that the applicant was recognized for exceptional
performance of duty during the period 6 June 1980 to 11 February 1983.  The
certificate was signed by the colonel in command of the U.S. Army Medical
Research Institute of Infectious Diseases on 16 February 1983.

13.  A review of the applicant's record reveals that she may be entitled to
additional awards that are not shown on her DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service
Ribbon was established by the Secretary of the Army on 10 April 1981.  This
regulation states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award upon successful completion
of initial entry training.  The award may be awarded retroactively to those
personnel who completed the required training before 1 August 1981 provided
they had an Active Army status on or after 1 August 1981.

15.  Army Regulation 600-8-22 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 themselves by meritorious service or achievement.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders are required.  Commanders in
the rank of lieutenant colonel, or higher, may approve award of the Army
Achievement Medal to Soldiers assigned and attached to their command.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she was awarded the Army
Achievement Medal, but the award was not entered on her discharge document.
The applicant provides a copy of her DD Form 214 and a copy of her Army
Achievement Medal Certificate in support of her claim.

2.  The applicant's military service records do not contain any orders or
evidence that she was awarded the Army Achievement Medal.

3.  Evidence of records shows that the applicant served honorably
throughout her entire period of active duty and distinguished herself by
meritorious service and exceptional performance of duty during her period
of assignment to the U.S. Army Medical Research Institute of Infectious
Diseases, Fort Detrick, Maryland.

4.  The copy of the Army Achievement Medal Certificate provided by the
applicant shows that the award certificate was signed by the appropriate
award authority, but dated subsequent to the applicant's date of separation
from active duty.  The fact that the award was authenticated by the award
approving authority after the applicant separated from active duty accounts
for the award not being entered in Item 9 of the DA Form 2-1, or in Item 13
of the DD Form 214.  Therefore, the applicant is entitled to correction of
her records to show award of the Army Achievement Medal.

5.  Records show that the applicant completed initial entry training prior
to
1 August 1981; however, she held an Active Army status on or after
1 August 1981.  Therefore, she is entitled to correction of her records to
show award of Army Service Ribbon.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
13 February 1986.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Army Achievement Medal.

BOARD VOTE:

___JTM_   __WDP_   __LJO__    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 award of the Army Achievement
Medal and Army Service Ribbon.




                            _____John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010848                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19830214                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2                   |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0025.0000                           |
|2.                      |107.0078.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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