MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            25 January 2001   
	DOCKET NUMBER:   AR2000047517

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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:  In effect, that his records be corrected to reflect three “Joint Service Medals.”  Because there is award known as the Joint Service Medal it is presumed that the applicant is referring to either the Joint Service Achievement Medal or the Joint Service Commendation Medal.  He states that he served two tours of duty with NATO (North Atlantic Treaty Organization) and one tour with the Joint Communications Support Element.  He notes that during these tours he participated in five joint exercises.  In support of his request he submits copies of travel orders for the different exercises.

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 entered active duty on 3 July 1979 and served continuously until he was honorably discharged on 18 April 1988 in pay grade E-5.  During his military service he was twice assigned to the U.S. Army Element of “Landsoutheast” in Turkey and once to the U.S. Army Element of the Joint Communications Support Element at MacDill Air Force Base in Florida.

Army Regulation 600-8-22 states the Joint Service Achievement Medal and the Joint Service Commendation Medal are individual decorations awarded to members of the Armed Forces of the United States who distinguish themselves by meritorious or outstanding service or achievement.  As with all individual decorations, a recommendation, approval through the chain of command and announcement in orders are required.  Assignment to a joint element or participation in a joint exercise does not, in and of itself, entitle an individual to either decoration.  There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded the Joint Service Achievement Medal or the Joint Service Commendation Medal.

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 April 1988, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 18 April 1991.

The application is dated 22 May 2000 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

___jh___  __kah___  ___le___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR200047517	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.	142.00	
2.		
3.		
4.		
5.		
6.