IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011994
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 two awards of the Army Achievement Medal and one award of the Army Commendation Medal.
2. The applicant states he earned two awards of the Army Achievement Medal as well as the Army Commendation Medal.
3. The applicant provides three DA Forms 638 (Recommendation for Award) for the requested awards.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service from 4 March to 10 July 2008, the applicant was appointed as a Reserve commissioned officer of the Virginia Army National Guard and executed an oath of office on 11 July 2008.
2. He entered active duty on 1 October 2008. He completed the Transportation Basic Officer Leader Course on 13 March 2009.
3. He served in Korea from on or about March 2009 to on or about March 2010 while assigned to the 46th Transportation Company.
4. Permanent Order Number 055-01 issued by the 501st Sustainment Brigade, Korea, dated 24 February 2010, awarded him the Army Achievement Medal for meritorious service from 24 March 2009 to 22 March 2010 as shown on the DA Form 638.
5. Permanent Order Number 203-001 issued by Headquarters, 3d U.S. Infantry Regiment, Fort Myer, VA, dated 10 August 2011, awarded him the Army Commendation Medal for meritorious service from 24 March 2010 to 1 October 2011 as shown on the DA Form 638.
6. He submitted a DA Form 638, dated 8 October 2009, recommending him for award of the Army Achievement Medal for achievement from 15 to 28 September 2009. This form is incomplete or was not completed to standard.
* he signed the form as the recommending official and the intermediate authority (company commander)
* the approval authority (the battalion commander, a lieutenant colonel) approved the award
* no order number is assigned, no issuing headquarters is indicated, and no signature by the battalion adjutant is affixed
7. He was honorably released from active duty on 1 October 2011. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
8. Army Regulation 600-8-22 (Military Awards) provides that 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. With respect to the Army Commendation Medal, permanent orders awarded him an Army Commendation Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of DD Form 214 to show it.
2. With respect to the Army Achievement Medal:
a. A permanent order awarded him an Army Achievement Medal which is already shown on his DD Form 214.
b. He submitted an incomplete DA Form 638 with no permanent order or issuing headquarters that shows he was approved for award of a second Army Achievement Medal. The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders, there is insufficient evidence to grant relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the Army Commendation Medal to his DD Form 214.
2. The Board further determined 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 adding a second award of the Army Achievement Medal to his DD Form 214.
_______ _ 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.
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