RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 August 2005
      DOCKET NUMBER:  AR20050000379


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show award of the
Army Achievement Medal and to add his letters of commendation.

2.  The applicant states, in effect, that the award and letters were
omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 with a separation date
of 22 July 1987; a copy of Headquarters, 1st Brigade and Headquarters, 4th
Infantry Division, Fort Carson, Colorado Permanent Orders 94-4, dated 27
July 1987; and two letters of commendation, both dated 8 December 1986 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 22 July 1987, the date of his separation from active duty.  The
application submitted in this case is dated 2 December 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 limitation 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 enlisted in the Regular Army on 12 March 1985 for a
period of four years.  After completion of basic and advanced individual
training, he was awarded military occupational specialty 19E (Armored
Crewman).  He was honorably discharged from active duty on 22 July 1987.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) and DA Form 2-1 (Personnel Qualification Record –
Part II) does not show award of the Army Achievement Medal.

5.  The applicant submitted a copy of Headquarters, 1st Brigade and
Headquarters, 4th Infantry Division Permanent Orders 94-4, dated 27 July
1987, which awarded the applicant the Army Achievement Medal for
meritorious service for the period 14 November 1985 through 22 July 1987.
6.  The applicant submitted two letters of commendation from Headquarters,
Headquarters Company, 3rd Battalion, 68th Armor, dated 8 December 1986.

7.  Army Regulation 635-5 (Separation Documents) governs preparation of the
DD Form 214.  This regulation provides that item 24 of the DD Form 214 will
reflect decorations, medals, badges, citations and campaign ribbons awarded
or authorized for all periods of service.  This regulation further states
that certificates of achievement, letters of commendation, and similar
documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of
the Army Achievement Medal and his letters of commendation.

2.  General Orders show the applicant is entitled to the award of the Army
Achievement Medal; therefore, he is entitled to correction of his DD Form
214 to show this award.

3.  Army Regulation 635-5 does not permit entries for certificates of
achievement or letters of commendation on the DD Form 214.  Therefore,
there is no basis to correct the applicant's DD Form 214 to include his
letters of commendation.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 July 1987, the date of his
separation from the Army; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 21 July 1990.
However, the applicant has provided evidence to support his request for
award of the Army Achievement Medal; therefore, it is in the interest of
justice to waive failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_RJW___  __RR____  _JEV___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding the Army
Achievement Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the letters of commendation.




                                       ___James E. Vick___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000379                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  71   |107.0025                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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