IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009857


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Honduras from October 1983 through April 1984 and the Army Achievement Medal (AAM).

2.  He states he was at Palmerola Air Base in Honduras from October 1983 through April 1984.  He states he was awarded the AAM that is not listed on his DD Form 214.

3.  He provides orders and his DD Form 214.

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.  On 1 December 1982, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 95B (Military Police), and he was assigned to duty with the 401st Military Police Company, Fort Hood, TX.

3.  His record is void of documentation showing he served in Honduras or that he was recommended for or awarded the AAM.

4.  On 30 November 1984, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of creditable active service.

5.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the AAM.

6.  The applicant provides a copy of Permanent Orders 196-15, issued by the 546th Personnel Service Company, Fort Hood, TX, dated 18 December 1984.  These orders show he was awarded the AAM for meritorious service for the period 30 April 1983 to 30 November 1984.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to show overseas service in Honduras.  Unfortunately, the available records do not contain any documentation and the applicant did not provide any documentation to substantiate his claim that he served in Honduras.  In the absence of such documentation, there is an insufficient evidentiary basis for granting this portion of his requested relief.

2.  Permanent orders awarded him the AAM for meritorious service.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Army Achievement Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show overseas service in Honduras.



      ___________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)                                         AR20120009857



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ABCMR Record of Proceedings (cont)                                         AR20120009857



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