RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         22 Decmeber 2005
      DOCKET NUMBER:  AR20050007777


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 31 May
1990 separation document (DD Form 214) be amended to add the Army
Achievement Medal (AAM), Certificate of Achievement (COA) and Letter of
Commendation (LOC).

2.  The applicant states, in effect, that his AAM, COA and LOC are not
included in the list of awards contained in Item 13 of his DD Form 214.  He
is requesting they be added at this time.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 May 1990.  The application submitted in this case is
dated
12 May 2005.

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 record shows that he enlisted in the Regular Army and
entered active duty on 23 September 1987.  He was trained in and awarded
military occupational specialty (MOS) 94B (Food Service Specialist), and
the highest rank he attained while serving on active duty was private first
class (PFC).

4.  Item 9 (Medals, Decorations, and Citations) of the applicant’s
Personnel Qualification Record (DA Form 2-1) shows that during his active
duty tenure, he earned the Army Service Ribbon, Sharpshooter Qualification
Badge with Rifle Bar and Expert Qualification Badge with Hand Grenade Bar.




5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of a certificate, dated 30 March 1989.  This document shows the
applicant was awarded the AAM for his exceptionally meritorious service
during the period
23 February through 15 March 1989.  His record also contains a COA, dated
11 September 1989, issued by the Commander, Headquarters and Headquarters
Battery, 1st Battalion, 3rd Air Defense Artillery, which he received for
his meritorious service while serving with this unit.  The MPRJ also
contains a LOC, dated 25 November 1987, which he received for his
outstanding performance on an Army Physical Fitness Test (APFT).

6.  On 31 May 1990, the applicant was separated with a general, under
honorable conditions discharge after completing a total of 2 years, 8
months, and 4 days of active military service.  Item 13 of the DD Form 214
he was issued at the time shows he earned the Army Service Ribbon,
Sharpshooter Qualification Badge with Rifle Bar, and Expert Qualification
Badge with Hand Grenade Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy. Paragraph 10-15, states in pertinent part, that acts or services
which do not meet the criteria for decorations or the various authorized
certificates may be recognized by written or oral expressions of
commendation or appreciation.  A written expression of commendation and
appreciation will be typed on letterhead stationary and will not contain
formalized printing, seals, or other distinguishing features which depart
from normal letter form.  Such letters may be issued to military personnel.
 Copies of each letter of commendation or appreciation will be distributed
to the individual's Military Personnel Records Jacket and Official Military
Personnel File in accordance with the governing regulation.  There are no
regulatory provisions for adding certificates of achievement or letters of
appreciation to the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the AAM should be included with the
list of authorized awards and decorations contained in Item 13 of his DD
Form 214 was carefully considered and found to have merit.  The evidence of
record confirms the applicant was awarded the AAM, for meritorious service
from 23 February 1989 through 15 March 1989.  Therefore, it would be
appropriate to add this award to his record at this time.

2.  By regulation the only authorized entries in Item 13 of the DD Form 214
are medals, badges, citations, and campaign ribbons.  While the regulation
does allow commanders to recognize periods of faithful service, acts, or
achievements which do not meet the standards required for decorations with
locally produced certificates or letter, there are no provisions for adding
these to the DD Form 214. Therefore, it would not be appropriate to add the
COA and LOC to Item 13 of the applicant’s separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TSK__  __RLD__  __JBM__  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 adding the Army
Achievement Medal to Item 13 of his 31 May 1990 DD Form 214; and by
providing him a correction to his separation document that includes this
change.

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
adding the Certificate of Achievement and Letter of Commendation to his DD
Form 214.




                            ____Ted S. Kanamine_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007777                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1990/05/31                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |Partial                                 |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]