IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015164
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:
* Army Commendation Medal (ARCOM) (2nd Award)
* Army Achievement Medal (AAM) (3rd Award)
2. He states the awards were not processed prior to his expiration term of service.
3. He provides two DA Forms 638 (Recommendation for Award) with ARCOM and AAM certificates.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 27 May 2009. He was honorably released from active duty on 26 May 2013 and credited with completing 3 years and 11 months of total active service.
2. Permanent Orders 158-07, dated 6 June 2012, contained in his Army Military Human Resource Record (AMHRR) show he was awarded the ARCOM for the period 18 April 2012 to 3 May 2012.
3. He provided:
a. A DA Form 638 and AAM certificate that show he was awarded the AAM by Permanent Orders Number 134-002, dated 14 May 2013, for the period
7 January 2013 to 14 February 2013. The certificate is also contained in his AMHRR.
b. A DA Form 638 and ARCOM certificate that show he was awarded the ARCOM (1st Oak Leaf Cluster) indicating 2nd Award, by Permanent Orders Number 13-172-010, dated 21 June 2013, for the period 27 May 2009 to 26 May 2013.
4. His DD Form 214 shows he was awarded the ARCOM and the AAM (2nd Award).
5. His record is void of any additional awards of the ARCOM or the AAM.
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 600-8-22 (Military Awards) states the AAM 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.
8. Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of the AAM and ARCOM.
DISCUSSION AND CONCLUSIONS:
1. Orders verify that the applicant was awarded two ARCOMs. Therefore he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).
2. Although the applicant's DD Form 214 shows he was awarded two awards of the AAM, only one order is contained in his AMHRR. It is assumed that Permanent Orders Number 134-002, dated 14 May 2013, awarding him the AAM is already listed on his DD Form 214. Therefore, in absence of all orders awarding him the AAM, the presumption of regularity must be applied.
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 deleting the Army Commendation Medal from his DD Form 214 and adding the Army Commendation Medal (2nd Award).
2. The Board further determined that the evidence presented was 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 to his DD Form 214 the Army Achievement Medal (3rd Award).
_______ _ __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) AR20130015164
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