MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         4 November 1998      
	DOCKET NUMBER:   AC98-11210

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including advisory opinion,
 if any)

APPLICANT REQUESTS:  Award of the Armed Forces Expeditionary Medal and an Army Achievement Medal.  He states, in effect, that he believes he’s entitled to the Armed Forces Expeditionary Medal based on his service in Korea.  In support of his belief he submits a list of locations and periods for which the Armed Forces Expeditionary Medal was authorized.  He notes that he received a certificate of achievement while in Germany which was suppose to be accompanied by the Army Achievement Medal.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He served an initial period of active duty between 1976 and 1979.  During his initial period of active duty he served in Korea from July 1978 until August 1978.

The applicant reenlisted in December 1981 and on 30 August 1984 was awarded a certificate of achievement as a result of his exceptionally meritorious achievement during an exercise in Germany.  The certificate of achievement was issued by his battalion commander, a Lieutenant Colonel.

On 18 December 1984, upon completion of his enlistment contract, the applicant was released from active duty with an honorable characterization of service.  His separation document does not reflect entitlement to either the Armed Forces Expeditionary Medal or the Army Achievement Medal.

Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal was established in December 1961 and authorized for designated military operation in specific locations during specific time frames.  The award was authorized to individual servicing in Korea between 1 October 1966 and 30 June 1974.  The document submitted in support of the applicant’s request confirms this information.  The information identified by the applicant on the supporting document, as the basis for his request, pertains to a period for which the Combat Infantryman Badge/Combat Medal Badge was authorized to be awarded to individuals in serving in Korea.

Army Regulation 600-8-22 also states that the Army Achievement Medal was established in 1981.  As with all personal decoration a recommendation, approval through the chain of command and announcement in orders are required.  Commanders in the grade of 0-5 are authorized to approve an award of the Army Achievement Medal.  Commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing individuals a certificate of achievement.  There is no evidence, and the applicant has not provided any, which confirms he was ever recommended for or award an Army Achievement Medal and the Certificate of Achievement he received in 1984 is not a basis for the decoration.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 18 December 1984, the date he was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 
18 December 1987.

The application is dated 9 September 1997 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

_JEV____  __LLS___  __TNK__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director