BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20090021060 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of two Army Achievement Medals (AAM).

2.  The applicant states, in effect, his DD Form 214 does not list the two AAMs he received from his unit.

3.  The applicant provides copies of two DA Forms 4980-18 (AAM Certificate) in support of this application.

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 3 November 1999.

3.  The applicant's Official Military Personnel File (OMPF) contains the following award certificates with listed award authority:

* AAM for meritorious achievement from 3 May to 10 May 2002
* AAM for meritorious service from 6 April to 2 September 2000

4.  The applicant submitted the following award certificates:

* AAM for meritorious achievement from 3 May to 10 May 2002
* AAM for meritorious service from 6 April to 2 September 2000

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 November 2002.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Army Service Ribbon, and the Marksman Marksmanship Qualification Badge.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

8.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the ARCOM and AAM.

9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The Department of the Army Certificates shows that the applicant was awarded two AAMs, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show the AAM with 1st oak leaf cluster.

2.  Evidence of record shows that the applicant served a qualifying period for award of the first award of the Army Good Conduct Medal during the period from 
3 November 1999 to 2 November 2002.  There is also no record of any disciplinary action against the applicant and no record of a disqualification by his commander during this qualifying period.  Therefore, he is entitled to award of the Good Conduct Medal (first award) and correction of his records to show this award.

3.  Evidence of record shows that the applicant served a qualifying period for award of the GWOTSM.  Therefore, he is entitled to award of the GWOTSM and correction of his records to show this award. 

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.  awarding to him the GCM (1st Award) for the period 3 November 1999 through 2 November 2002 and

   b.  adding to item 13 of his DD Form 214 the AAM with 1st oak leaf cluster, GCM (first award), and the GWOTSM.



      ___________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)                                         AR20090021060



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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