RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060006463


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 to his records to show the award of
the Army Achievement Medal (AAM).

2.  The applicant states, in effect, that he did not realize that the AAM
was missing from his DD Form 214 (Certificate of Release or Discharge from
Active Duty) until his request for a replacement Medal was submitted.

3.  The applicant provides a copy of his DD Form 214 and a copy of a
preprinted Certificate of Award for the AAM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
8 October 1987, the date of his release from active duty.  The application
submitted in this case is dated 28 April 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's records show that he entered active duty on 9 October
1984.  He successfully completed basic combat training and advanced
individual training and was awarded the military occupational specialty
11C1O (Indirect Fire Infantryman).  On 8 October 1987, the applicant was
honorably released from active duty after serving 3 years of active
service.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the
Parachute Badge, Expert Marksmanship Badge with Rifle Bar, Sharpshooter
Marksmanship Badge with Hand Grenade Bar, Army Service Ribbon, Army Lapel
Button, Driver Badge with Wheel Bar, and Army Good Conduct Medal.  However,
it does not show the award of the AAM.

5.  There are no orders in the applicant's records awarding him the AAM.

6.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records), in pertinent part, states that for U.S. military
decorations the only acceptable source documentation is the order, letter,
or memorandum which awards the decoration.  Award certificates, citations,
or separation certificates alone will not be the basis for entry of a
decoration to the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the AAM.

2.  There are no general orders that show the applicant was awarded the
AAM.  In the absence of orders, the Certificate of Award for the AAM is
insufficient to grant a relief in this case.  Regulatory guidance provides
that award certificates, citations, or separation certificates alone will
not be the basis for entry of a U.S. military decoration to the DD Form
214.  As such, the applicant is not entitled to correction of his records
to show the AAM.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 8 October 1987, the date of his released from active
duty; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 7 October 1990.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___le____  ___jns__  ___mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ________John N. Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006463                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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