RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011079 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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, correction of his discharge document.

2.  The applicant states, in effect, that his discharge document should be corrected to show two awards of the Army Achievement Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 20 October 1989 and Headquarters, 194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 161-2, dated 26 October 1989.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 October 1989, the date of his release from active duty.  The application submitted in this case is dated 28 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 military service records show that he enlisted in the U.S. Army Reserve on 1 October 1986 and entered active duty in the Regular Army for a period of 3 years on 23 October 1986.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant's military service records show that he was assigned to Company C, 1st Battalion, 506th Infantry, 2nd Infantry Division in the Republic of Korea from 20 February 1987 through 16 February 1988.  He was promoted to the rank of specialist/pay grade E-4, effective 1 February 1988. Upon redeployment to the continental United States, the applicant was assigned to Company C, 4th Battalion, 15th Infantry, Fort Knox, Kentucky from 18 March 1988 to 19 October 1989.

4.  The applicant's military service records contain a DD Form 214 that shows the applicant was honorably released from active duty on 20 October 1989 after completing a total of 2 years, 11 months, and 28 days net active duty service.
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded the Army Achievement Medal, Overseas Service Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's military service records contain a copy of Headquarters,
194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 42-6, dated
28 March 1989.  These orders show, in pertinent part, that the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 20 January 1989 to 14 March 1989.

6.  The applicant's military service records contain a copy of Headquarters,
194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 140-3, dated
21 September 1989.  These orders show, in pertinent part, that the applicant was awarded the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 23 October 1986 to 22 October 1989.

7.  The applicant's military service records contain a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 December 2003.  This document shows, in pertinent part, that the applicant's DD Form 214, with an effective date of 20 October 1989, was corrected to add the Army Good Conduct Medal by the Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia.

8.  In support of his application, the applicant provides a copy of his DD Form 214 and Headquarters, 194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 161-2, dated 26 October 1989.  The DD Form 214 shows, in pertinent part, that the applicant was credited with award of one Army Achievement Medal. The orders show, in pertinent part, that the applicant was awarded the Army Achievement Medal for meritorious service for the period 15 March 1988 to
22 October 1989.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, while serving in a non-combat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.
As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The Military Awards regulation also states, in pertinent part, that an oak leaf cluster is awarded to denote each additional succeeding award of certain decorations, among which is the Army Achievement Medal.
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

11.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for completing Item 13 state that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show two awards of the Army Achievement Medal.

2.  The evidence of record shows that Permanent Orders awarded the applicant the Army Achievement Medal for meritorious achievement for the period
20 January 1989 to 14 March 1989.  The evidence of record also shows that Permanent Orders awarded the applicant the Army Achievement Medal for meritorious service for the period 15 March 1988 to 22 October 1989.  Therefore, the applicant is entitled to correction of his records to show two awards of the Army Achievement Medal.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 October 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 October 1992.  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:

____WDP  ___PMS_  ___JLP__  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:

	a.  correcting Headquarters, 194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 161-2, dated 26 October 1989, to read:

		"Award:  Army Achievement Medal (1st Oak Leaf Cluster)"

	b.  correcting the applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), as follows:

  		Delete:  "Army Achievement Medal"
		Add:      "Army Achievement Medal (2nd Award)"




_____William D. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR20060011079
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/13
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19891020
DISCHARGE AUTHORITY
AR 635-200, Chapter 4
DISCHARGE REASON
Expiration of Term of Service
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0025.0000
2.

3.

4.

5.

6.