RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 October 2006
DOCKET NUMBER: AR20060003234
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth Wright | |Chairperson |
| |Mr. Thomas Ray | |Member |
| |Ms. Sherry Stone | |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Army
Achievement Medal.
2. The applicant states the medal is not listed on his DD Form 214.
3. The applicant provides orders and an award certificate for the Army
Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 August 1990. The application submitted in this case is
dated 22 February 2006.
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 enlisted on 25 November 1988, served as an M1 Abrams
armor crewman, and was discharged under honorable conditions on 31 August
1990.
4. The applicant’s DD Form 214 does not show the Army Achievement Medal as
an authorized award.
5. Headquarters, 2nd Battalion, 64th Armor Permanent Order 45-5, dated
10 October 1989, shows the applicant received the Army Achievement Medal
for the period 8 September 1989 to 24 September 1989.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Achievement Medal.
Therefore, his records should be corrected to show this award.
2. Records show the applicant should have discovered the alleged error now
under consideration on 31 August 1990; therefore, the time for the
applicant to file a request for correction of any error expired on 30
August 1993. 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:
KW____ __TR____ __SS____ 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 amending his DD Form 214 to show that
he was awarded the Army Achievement Medal.
__Kenneth Wright________
CHAIRPERSON
INDEX
|CASE ID |AR20060003234 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061003 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0025 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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