IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008425 


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 the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate or Release or Discharge from Active Duty).

2.  The applicant states the AAM was issued to him while he was in Germany by the 550th Engineer Detachment, Fort Lee, Virginia.

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* Letter of Commendation
* Mechanics Badge Order
* Drivers Badge Order
* Army Good Conduct Medal (AGCM) Order

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 record shows he enlisted in the Regular Army on 10 September 1979.  He was trained in and served in military occupational specialty (MOS) 44B (Metal Worker) and MOS 94B (Food Service Specialist).

3.  The applicant’s Official Military Personnel File (OMPF) contains Headquarters, United States Army Quartermaster Center and Fort Lee, Permanent Orders (PO) Number (#) 59-1 dated 11 April 1984 that awarded the applicant the AAM for meritorious service during the period 14 January 1983 to 13 February 1984.

4.  The applicant’s OMPF contains Headquarters, 4th Infantry Division (Mechanized), Fort Carson, PO #173-08 dated 14 September 1982 that awarded him the AGCM.

5.  On 5 June 1985, the applicant was honorably discharged.  He had completed 5 years, 8 months, and 26 days of creditable active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure:

* Army Service Ribbon
* Drivers Badge
* Mechanics Badge
* "Operators Badge – S"
* Expert Marksmanship Qualification Badge with M16 Rifle Bar

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the AAM should be added to his DD Form 214.

2.  The evidence of record confirms the applicant was awarded the AAM and AGCM by the appropriate award authority as evidenced by the official orders contained in his OMPF that announced these awards.  Therefore, these awards should be added to his DD Form 214 at this time.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.



BOARD VOTE:

____x____  ____x____  ____x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding the Army Achievement Medal and Army Good Conduct Medal to item 13 of his DD Form 214; and

   b.  providing him a document that reflects these changes.




      _______ _   _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)                                         AR20100008425



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ABCMR Record of Proceedings (cont)                                         AR20100008425



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