IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006179
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) for the period ending 23 September 2013 to show award of the:
* Army Achievement Medal (AAM)
* Combat Action Badge
2. The applicant states:
* the documentation awarding him the AAM had not reached the proper commander at the time of his separation
* he recently discovered he was entitled to the Combat Action Badge
* he is a full-time student and an Army veteran
* on 6 December 2006, a mortar round landed approximately 25 meters from his vehicle he was able to pull off the road, get around traffic, and move out of the line of fire
* he later learned that two other members of his unit had been hit with shrapnel from a mortar attack
3. The applicant provides:
* DD Form 214
* DA Form 638 (Recommendation for Award)
* self-authored statements
* Title 32, Code of Federal Regulations, section 578.71 (Combat Action Badge)
CONSIDERATION OF EVIDENCE:
1. Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. This request must be on a DA Form 4187 (Personnel Action) if the individual is currently on active duty or in an active status. If the individual is not on active duty or in an active status, the request may be submitted by letter. All requests must contain copies of:
* assignment, attachment, or operational control orders
* an Enlisted Record Brief or Personnel Qualification Record
* the chain of commands endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation
2. Therefore, award of the Combat Action Badge will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the North Carolina Army National Guard (NCARNG) on 6 October 2003.
4. On 19 November 2004, he was ordered to active duty. On 29 September 2005, he was released from active duty. His DD Form 214 for the period ending 29 September 2005 shows he was awarded the:
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
5. On 28 February 2006, he was honorably discharged from the NCARNG. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows:
* he was awarded the
* Army Commendation Medal
* Army Achievement Medal
* Armed Forces Reserve Medal with "M" Device
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* his service in Iraq from 3 December 2004 to 4 September 2005
6. On 1 March 2006, the applicant enlisted in the Regular Army.
7. Defense Finance and Accounting Service records confirmed he served in Iraq from 29 June 2006 through 19 June 2007.
8. On 23 September 2013, he was honorably discharged due to disability. His DD Form 214 for the period ending 23 September 2013 shows he was awarded the:
* Joint Service Commendation Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Meritorious Unit Commendation (2nd Award)
* Army Superior Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal
9. His DA Form 638, dated 25 October 2013, shows he was recommended and approved for award of the Army Achievement Medal (2nd Award) for the period 26 October 2011 through 28 November 2013. His DA Form 638 fails to shows orders were issued awarding this medal and he does not provide any orders.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Recommended decorations will be expeditiously processed and recorded in military orders and certificates by the final approving authority within 60 days.
11. The Army Board for Correction of Military Records (ABCMR) operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.
DISCUSSION AND CONCLUSIONS:
Records show the applicant was recommended for an Army Achievement Medal (2nd Award) as an end of term of service award. His term of service was shortened due to a non-combat physical disability. The approval authority approved the award; however, an administrative error occurred and orders were not assigned. Nonetheless, the applicant is entitled to correction of his DD Form 214 for the period ending 23 September 2013 to show this award.
BOARD VOTE:
____x___ ____x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 for the period ending 23 September 2013 to show award of the Army Achievement Medal (2nd 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) AR20140006179
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