RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070006652


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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
to show award of the Army Achievement Medal.

2.  The applicant states, in effect, that the Army Achievement Medal is not
recorded on his DD Form 214 (Certificate of Release or Discharge from
Active Duty) when he was released from active duty.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for
Award) dated 26 March 1986, and DA Form 2446 (Request for Orders) dated
3 April 1986.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records were not provided to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents submitted by the applicant.

3.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army
and entered active duty on 5 February 1985.  It also shows that he attained
the rank of specialist four (SP4).

4.  Item 13 of the applicant’s DD Form 214 lists the Army Service Ribbon,
the Army Good Conduct Medal, the Overseas Service Ribbon; the Marksman
Marksmanship Qualification Badge with Rifle Bar, and the 3rd Class Badge
with Grenade Bar as the awards earned by the applicant during his active
duty tenure. The AAM is not included in this list of authorized awards.

5.  The DD Form 214 also confirms that the applicant was released from
active duty under the provisions Army Regulation 635-200, Chapter 4 by
reason of Expiration Term of Service.  The applicant authenticated the DD
Form 214 with his signature in Item 21 (Signature of Person Being
Separated).

6.  In support of his application, the applicant provides an incomplete
copy of a DA Form 638 and DA Form 2446.  These documents do not show that
the proposed citation was approved through the chain of command.  There are
no orders awarding the applicant the AAM on file and no evidence of record
to corroborate the information contained on the proposed citation provided
by the applicant.

7.  Army Regulation 600-8-22 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 noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he was awarded the Army
Achievement Medal and that his discharge document should be corrected to
show this award.

2.  The applicant’s claim was carefully considered, however, there is
insufficient evidence to support his contention.  There are no orders
awarding the applicant the AAM and there is no evidence to corroborate the
information contained on the proposed citation provided by the applicant.
Further, the applicant verified the information contained on the DD Form
214 he was issued on 4 February 1988, to include the list of authorized
awards, which did not include the AAM.  Therefore, there is an insufficient
evidentiary basis to support adding the AAM to the list of authorized
awards contained on his separation document at this time.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD__  ___CAD_  ___EEM _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/27                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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