BOARD DATE:	  17 January 2012 

		DOCKET NUMBER:  AR20110013626 


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 award of the:

* Army Commendation Medal with "V" Device [indicating for valor]
* Army Achievement Medal with 1st oak leaf cluster [indicating 2nd Award]

2.  He states, in effect, the DD Form 214 he was provided at the time of his separation does not reflect these awards.

3.  He provides:

* a DD Form 214
* three DA Forms 638 (Recommendation for Award)
* a DA Form 4980-18 (Army Achievement Medal Certificate)
* a DA Form 4980-14 (Army Commendation Medal 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 in the Regular Army on 16 August 2006 and held military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  His record shows he served two tours in Afghanistan from 25 February through 31 May 2007 and from 15 January through 31 December 2009.

4.  His record contains (and he also provides) a DA Form 638 and a DA Form 4980-18 which shows he was recommended for and awarded the Army Achievement Medal for outstanding performance and achievement from 1 to 19 March 2008 by 10th Mountain Division (Light Infantry) Permanent Orders Number 217-01, dated 10 August 2008.  Item 8 (Previous Awards) of this form indicates he had no previous awards at the time.

5.  His record contains (and he also provides) a DA Form 638 and a DA Form 4980-14 which show he was recommended for and awarded the Army Commendation Medal with "V" Device for valorous and meritorious service from 13 to24 August 2009 by Headquarters, 3rd Infantry Brigade Combat Team, 10th Mountain Division (Light Infantry) Permanent Order Number 082-043, dated 23 March 2010.  Item 8 of this form indicates he was previously awarded the Army Achievement Medal.

6.  His DD Form 214 shows he was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcing) on 15 March 2010.
This form also shows in:

	a.  Item 12f (Foreign Service) he served overseas for a total of 1 year, 2 months, and 22 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Afghanistan Campaign Medal with 1 Campaign Star
* Army Achievement Medal
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* North Atlantic Treaty Organization Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

7.  His record is void of any evidence which shows he was awarded a second Army Achievement Medal.

8.  The applicant provides an undated DA Form 638 which indicates he was recommended for award of the Army Achievement Medal 1st oak leaf cluster for exceptional and meritorious service from 15 January 2007 to 15 March 2010 by his supervisor upon the occasion of his departure from his unit.  The reverse side of this form shows the company commander recommended approval of the award.  The administrative review, approval authority, and orders data portions of this form are blank.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Army Commendation Medal with "V" Device and Army Achievement Medal with 1st oak leaf cluster were carefully considered and determined to have partial merit.

2.  Evidence shows he was awarded the Army Commendation Medal with "V" Device.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.

3.  Evidence shows he was awarded an Army Achievement Medal which is properly shown on his DD Form 214.



4.  Although the applicant provides a DA Form 638-1 which indicates he was recommended for award of the Army Achievement Medal with 1st oak leaf cluster; his record is void of any evidence which shows he was awarded a second Army Achievement Medal.  Therefore, there is no basis for modifying his record to show award of an additional Army Achievement Medal.

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 the applicant's record be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal with "V" Device.

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 award of the Army Achievement Medal with 1st oak leaf cluster.  

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his/her service in arms.  



      _______ 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)                                         AR20110013626





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ABCMR Record of Proceedings (cont)                                         AR20110013626



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