IN THE CASE OF:  

		BOARD DATE:  9 January 2014

		DOCKET NUMBER:  AR20130008686


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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded an additional Army Commendation Medal (ARCOM) and two additional Army Achievement Medals (AAM's).

2.  The applicant states the omission of these awards resulted from an administrative error at the time of his separation.

3.  The applicant provides:

* DD Form 214 for the period ending 29 July 2007
* DD Form 214 for the period ending 22 February 2009
* DA Form 4980-14 (ARCOM Certificate) for the period 15 August 2005 to 15 August 2006 based on Permanent Order 150-03 with corresponding DA Form 638 (Recommendation for Award)
* DA Form 4980-18 (AAM Certificate) for the period 7 January 2004 to 15 June 2007 based on Permanent Order 73-01
* DA Form 4980-18 for the period 7 January 2004 to 15 June 2007 based on Permanent Order 131-03
* DA Form 4980-18 for the period 20 February 2004 to 30 November 2006 based on Permanent Order 124-01
* DA Form 4980-18 for the period 1 August 2006 to 20 November 2006 based on Permanent Order 314-126
* DA Form 4980-18 for the period 15 July 2008 based on Permanent Order 1-856
* DA Form 638 for award of the ARCOM citing Permanent Order 349-002 issued by the Commander, Combined Security Transition Command-Afghanistan, dated 14 December 2008

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 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 30 July 2003, the applicant enlisted in the Regular Army.  He completed initial entry training and was awarded military occupational specialty 68W (Health Care Specialist).

3.  He served in Iraq in support of Operation Iraqi Freedom from 20 August 2005 through 28 November 2006.

4.  Permanent Order 150-03, 172nd Stryker Brigade Combat Team, Mosul, Iraq, dated 30 May 2006, awarded him the ARCOM for meritorious service in support of Operation Iraqi Freedom during the period 15 August 2005 to 15 August 2006.

5.  His records show permanent orders awarded him the AAM as follows:

* Permanent Order 73-01, Headquarters, 1st Battalion, 24th Infantry Regiment, Fort Wainwright, AK, undated, for meritorious service during the period 7 January 2004 through 15 June 2007
* Permanent Order 131-03, Headquarters, 1st Battalion, 24th Infantry Regiment, Fort Wainwright, AK, undated, for meritorious service during the period 7 January 2004 through 15 June 2007
* Permanent Order 124-01, Headquarters, 2nd Battalion, 1st Infantry Regiment, Forward Operating Base Courage, Iraq, dated 3 May 2006, for meritorious service during the period 20 February 2004 through 30 November 2006
* Permanent Order 314-126, Headquarters, 1st Battalion, 24th Infantry Regiment, Fort Wainwright, AK, dated 12 November 2006, for meritorious achievement in Iraq during the period 1 August 2006 through 20 November 2006

6.  On 29 July 2007, he was honorably released from active duty and transferred to the New York Army National Guard (NYARNG).  His DD Form 214 for this period shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* Valorous Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Medical Badge
* Driver and Mechanic Badge with Driver-S Wheeled Vehicle Clasp

7.  On 25 January 2008, his NYARNG unit was mobilized and he reentered active duty.

8.  He served in Afghanistan in support of Operation Enduring Freedom from 1 April 2008 through 31 December 2008.

9.  Permanent Order 349-002, Combined Security Transition Command-Afghanistan, dated 14 December 2008, awarded him the ARCOM for meritorious service in support of Operation Enduring Freedom during the period 15 July 2008 to 26 December 2008.

10.  Permanent Order 1-856, Afghan Regional Security Integration Command-South, dated 15 July 2008, awarded him the AAM for meritorious achievement in support of Operation Enduring Freedom on 15 July 2008.

11.  On 22 February 2009, was honorably released from active duty and returned to the control of the NYARNG.  His DD Form 214 shows he was awarded or authorized the:

* Afghanistan Campaign Medal with Campaign Star
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Valorous Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Armed Forces Reserve Medal with "M" Device
* North Atlantic Treaty Organization Medal
* Combat Medical Badge
* Combat Action Badge
* Driver and Mechanic Badge with Driver-S Wheeled Vehicle Clasp

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 1-19 provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show an additional award of the ARCOM and two additional awards of the AAM was carefully considered.

2.  He served in the Regular Army from 30 July 2003 through 29 July 2007.  During that period, he was awarded the ARCOM and four AAM's.  He was awarded the first and second AAM for the same period of service by the same command authority in separate permanent orders.  Since only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service, these duplicate awards can be credited only once.

3.  His DD Form 214 for the period ending 29 July 2007 shows he was awarded one ARCOM and one AAM.  Therefore, it would be appropriate to correct his DD Form 214 for this period to show he was awarded the AAM (3rd Award).

4.  His ARNG unit was mobilized and he served on active duty from 25 January 2008 through 22 February 2009.  During that period of service, he was awarded a second ARCOM and a fourth AAM.

5.  His DD Form 214 for the period ending 22 February 2009 correctly shows he was awarded the ARCOM (2nd Award); however, it does not correctly show his appropriate AAM's.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 22 February 2009 to show he was awarded the AAM (4th Award).

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:

	a.  deleting award of the AAM from his DD Form 214 for the period ending 29 July 2007 and adding the AAM (3rd Award), and

	b.  deleting award of the AAM (2nd Award) from his DD Form 214 for the period ending 22 February 2009 and adding the AAM (4th Award).

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 correcting his DD Forms 214 to show a third award of the ARCOM.



      ___________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)                                         AR20100019881



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ABCMR Record of Proceedings (cont)                                         AR20130008686



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