RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2007
      DOCKET NUMBER:  AR20060010857


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 the two Army Achievement Medals
he earned while serving on active duty be added to his separation document
(DD Form 214).

2.  The applicant states, in effect, that the list of awards contained in
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not include two AAMs he
earned while serving on active duty.

3.  The applicant provides two AAM Certificates in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 13 May 1985.  The application submitted in this case is
dated 24 July 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 record shows that he enlisted in the Regular Army and
entered active duty on 19 July 1978.  He was trained in, awarded, and
served in military occupational specialty (MOS) 31C (Radio Teletype
Operator), and the highest rank he attained while serving on active duty
was sergeant (SGT).

4.  The applicant's Personnel Qualification Record shows, in Item 35
(Record of Assignments), that he was assigned to Headquarters and Company
A, 394th Transportation Battalion, Germany, performing duties in MOS 05C as
a radio teletype operator, from 17 March 1980 through 12 May 1984.  It also
shows that he was assigned to Company C, 105th Military Intelligence
Battalion, Fort Polk, Louisiana, from June 1984 through 13 May 1985.

5.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters, 394th Transportation Battalion Permanent Orders Number 6-2,
dated 11 June 1984, which awarded the applicant the AAM for meritorious
service.  It also contains the accompanying AAM Certificate, which confirms
the period covered by the award was 17 March 1980 through 2 May 1984.

6.  On 13 May 1985, the applicant was honorably released from active duty
after completing 6 years, 9 months, and 25 days of active military service.
 Item 13 of the DD Form 214 he was issued shows that during his active duty
tenure, he earned the Army Service Ribbon, Overseas Service Ribbon, Army
Good Conduct Medal (2nd Award), and Expert Marksmanship Qualification Badge
with Rifle Bar.

7.  The applicant provides an AAM Certificate, dated 25 April 1985, which
shows he was awarded the AAM for meritorious achievement while assigned to
Company C, 105th Military Intelligence Battalion, from 1 June 1984 through
13 May 1985.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 3-18 contains guidance on the AAM.  It states, in
pertinent part, that the AAM is awarded to any member of the Armed Forces
of the United States, or to any member of the Armed Forces of a friendly
foreign nation, who distinguished himself or herself by meritorious service
or achievement of a lesser degree than required for award of the Army
Commendation Medal.  The regulation stipulates that an Oak Leaf Cluster
will be awarded to denote a second or subsequent award of the AAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that two awards of the AAM he received while
serving on active duty should be added to the list of awards contained on
his separation document was carefully considered and found to have merit.

2.  The applicant's OMPF contains orders and a certificate confirming that
he was awarded the AAM for meritorious service during the period 17 March
1980 through 2 May 1984.  Therefore, it would be appropriate to add this
award to his record and separation document at this time.

3.  The applicant provides an AAM Certificate that shows he was awarded the
AAM for meritorious achievement during the period 1 June 1984 through 13
May 1985, while assigned to the 105th Military Intelligence Battalion.
Although, this award is not on file in his OMPF, it is reasonable to
conclude that this was due to his receiving this award so close to his
separation date.  Absent any reason to question the validity of the AAM
Certificate he provides and given the unit information contained on the
certificate is corroborated by his DA Form 2-1, it would be appropriate and
serve the interest of justice to also add this award to his record and
separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJNT _  __JGH __  __DLL __  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 Item 13 of the DD Form 214 by
adding the Army Achievement Medal with 1st Oak Leaf Cluster; and by
providing him a correction to his separation document that includes this
change.




                            _____Marla J. N. Troup____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010857                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1985/05/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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