RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060000339


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show the award of the Army
Achievement Medal (AAM).  He also requests correction of his Social
Security Number (SSN) on the DA Form 638 (Recommendation for Award) of the
AAM.

2.  The applicant states that his chain of command typed the wrong SSN when
they processed the DA Form 638.

3.  The applicant provides a copy of his DD Form 214, a copy of the DA Form
638, and a copy of the AAM certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 September 2002.  The application submitted in this
case is dated 17 December 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 DD Form 214 shows he was serving in the Texas Army
National Guard when he was orders to active duty from 3 October 2001
through 9 November 2002 in support of operations in response to the World
Trade Center and Pentagon attacks.  He served a total of 11 months and 9
days on active duty and was released and transferred back to the Texas Army
National Guard on 11 September 2002.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 does not show the
award of the AAM.

5.  The applicant provided a copy of the AAM certificate with Permanent
Orders Number 234-058 awarding him the AAM for meritorious achievement in
support of operation Noble Eagle.
6.  The applicant provided a copy of the DA Form 638 for the award of the
AAM, approved and authenticated by the approving authority.  This Form
contains an administrative error in that the applicant's SSN is in error in
its entirety.  The listed SSN actually belongs to a fellow Soldier who did
not receive an AAM.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Achievement Medal is awarded to any members 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.

8.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Forms 214.

9.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal on or after 11 September 2001
to a date to be determined.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or
60 nonconsecutive days are authorized this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army
Achievement Medal.

2.  Permanent Orders show the applicant was awarded the Army Achievement
Medal.  Therefore, he is entitled to correction of his records to show this
award.

3.  Evidence of record shows that the applicant was on active duty during
the period of eligibility for award of the Global War on Terrorism Service
Medal; therefore, he is entitled to this award and correction of his
records to show this award.

4.  The Board noted the typographical error on the applicant's DA Form 638
which can be explained by the fact that the unit failed to properly
proofread the SSN.  However, this document clearly refers to the applicant
and correction of it would serve no useful purpose, especially after adding
the AAM to his DD Form 214.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 September 2005.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__sap___  __jkr___  __dkh___  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 the award of the Army
Achievement Medal and the Global War on Terrorism Service Medal.




                                  Susan A. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000339                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0025                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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