IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001118
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 Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal (AAM).
2. The applicant states that he has the permanent order to show he was awarded the AAM during his military service.
3. The applicant provides a DA Form 638 (Recommendation for Award).
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 applicants 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 applicants 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 military record shows he enlisted in the Regular Army on 27 April 2006. He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His Enlisted Record Brief (ERB), dated 22 February 2010, shows he served in Iraq from 7 September 2007 to 25 October 2008. Section VIII (Awards and Decorations) does not include the AAM among its list of awards.
4. There are no orders or any other documents in the applicants official military personnel file (OMPF) to show he was ever awarded or recommended for the AAM.
5. On 6 March 2010, the applicant was discharged from active duty having completed 3 years, 9 months, and 23 days of creditable active duty service. The AAM is not listed in item 13 of his DD Form 214.
6. The applicant provides an undated DA Form 638. It shows:
a. he was recommended for the AAM for meritorious service while serving as a rifleman in support of Operation Iraqi Freedom;
b. the approval authority approved this request;
c.. the AAM was announced in Headquarters, 1st Battalion, 87th Infantry Regiment, PO Number 340-001, on an unknown date. This order is not signed.
7. 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 himself or herself 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 contends items 13 of his DD Form 214 should be corrected to show the AAM. There is sufficient evidence to support this claim.
2. The DA Form 638 provided in this case confirms a recommendation to award the applicant the AAM was approved by the appropriate award authority and this award was announced in official orders. Although the award order was not signed, the battalion commander's intent is clear and evidence of his approval of the AAM award recommendation. Therefore, it would be appropriate to add this award to item 13 of his DD Form 214 at this time.
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 amending item 13 of his DD Form 214 by adding Army Achievement Medal.
_______ _ _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) AR20140001118
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001118
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001507
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) 2. 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. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2014 | 20140001975
The applicant states he retired from the U.S. Army Reserve (USAR) on 31 December 1997 and these awards were not added to his records. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979 * DA Form 2-1 (Personnel Qualification Record) * a letter from National Personnel Records Center, St. Louis, MO, dated 17 January 2014 * a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM * three...
ARMY | BCMR | CY2014 | 20140012784
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments and awards. 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. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090001745
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Combat Action Badge (CAB), Army Achievement Medal (AAM), Afghanistan Campaign Medal (ACM) and all other awards for which he qualifies but were omitted from his DD Form 214; and that he be issued an Honorable Discharge Certificate. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The evidence of record contains a DA Form 638...
ARMY | BCMR | CY2010 | 20100018587
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 (AAM) and award of the Army Good Conduct Medal. As such, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 6 July 1990 through 8 December 1992 and to correct his DD Form 214 to show this award. As a result, the Board recommends all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110019071
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 October 2006 to show the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (6th Award) * Army Achievement Medal (AAM) (4th Award) * Korea Defense Service Medal (KDSM) 2. Her record contains two orders and she provided two additional orders showing she was awarded a total of four ARCOMs. Her record also contains...
ARMY | BCMR | CY2012 | 20120004936
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service, the Combat Infantryman Badge (CIB), the Army Achievement Medal (AAM), and the Army Commendation Medal (ARCOM). He provides: * his DD Form 214 * a DA Form 638 (Recommendation for Award) * an ARCOM Certificate * orders with attached rosters CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2014 | 20140010483
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his complete record of service, including the period of his honorable service and all of his authorized awards. The applicant provides copies of his * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 March 2005 (page 1) * two DA Forms 638 (Recommendations for Award), dated 28 August 2004 and 31 May 2005 * three permanent...
ARMY | BCMR | CY2008 | 20080018353
Paragraph 2-4h(13) of Army Regulation 635-5 states to list awards and decorations for all periods service and paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14. The evidence of record also shows that when the applicant received his first ARCOM award, he had no previous awards listed. There is also no evidence of record that shows official orders...
ARMY | BCMR | CY2012 | 20120006318
IN THE CASE OF: BOARD DATE: 23 October 2012 DOCKET NUMBER: AR20120006318 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM). The applicant's Army Military Human Resources Record contains a copy of an AAM Certificate which states he was awarded the AAM for outstanding service during the...