IN THE CASE OF:	   

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150011730 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of an Army Achievement Medal (AAM) Certificate from his Official Military Personnel File (OMPF).

2.  The applicant states the AAM was awarded to another officer and was erroneously filed in his records.  

3.  The applicant provides an AAM Certificate. 

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 enlisted under the name J__ E. O__.  He was appointed as a Reserve commissioned officer on 12 December 2008.  He is currently serving on active duty as a company commander of a military intelligence training company in the rank/grade of captain/O-3.  

3.  His OMPF contains an AAM Certificate pertaining to Lieutenant Colonel J__ M. O__ for meritorious achievement in the performance of duties while assigned as the Chief of Preventive Medicine, Office of the Chief Surgeon, Army National Guard from 18 September 2008 to 15 December 2008, dated 25 February 2009.

DISCUSSION AND CONCLUSIONS:

The evidence shows the AAM Certificate, dated 25 February 2009, filed in the applicant's OMPF belongs to another officer and was improperly filed.  He is entitled to removal of this document from his OMPF.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his OMPF the AAM Certificate dated 25 February 2009.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20150011730





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ABCMR Record of Proceedings (cont)                                         AR20150011730



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