RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060011801 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan Powers

Member

Mr. Qawiy Sabree

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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 July 1990 to show award of the Army Achievement Medal.

2.  The applicant states that prior to her discharge she received this award and it is not reflected on her DD Form 214 for the period ending 5 July 1990.

3.  The applicant provides orders and an award certificate for the Army Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 July 1990.  The application submitted in this case is dated 23 May 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.  Having prior active service, the applicant enlisted on 20 August 1987.  She served as a food service specialist and was released from active duty on 5 July 1990.

4.  The applicant’s DD Form 214 for the period ending 5 July 1990 shows the Army Service Ribbon as an authorized award.

5.  Headquarters, 24th Support Battalion, Fort Stewart, Georgia Orders Number 15-21, dated 20 April 1990, show the applicant received the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Achievement Medal.

2.  Records show the applicant should have discovered the alleged error now under consideration on 5 July 1990; therefore, the time for the applicant to file a request for correction of any error expired on 4 July 1993.  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:

JI______  __SP___  ___QS___  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 amending her DD Form 214 for the period ending 
5 July 1990 to add the Army Achievement Medal.



___John Infante____________
          CHAIRPERSON




INDEX

CASE ID
AR20060011801
SUFFIX

RECON

DATE BOARDED
20070403
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
.  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0025
2.

3.

4.

5.

6.