DOCKET NUMBER: AR20090005281 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect an additional award of the Army Achievement Medal (AAM with 1st oak leaf cluster (OLC)) and two awards of the Army Commendation Medal (ARCOM with 1st OLC). 2. The applicant states, in effect, that his DD Form 214 is missing one award of the AAM and both awards of the ARCOM. He goes on to state that he has one ARCOM Certificate, but he does not have the orders. He also does not have the orders or the certificates for the second awards of the ARCOM and AAM. 3. The applicant provides a copy of his ARCOM Certificate for the period of service from 15 November 2003 through 1 October 2004. 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 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. The applicant enlisted in the Regular Army in Los Angeles, California on 5 July 2001 for a period of 3 years, training as an infantryman, assignment to Fort Lewis, WA, and a cash enlistment bonus. 3. He successfully completed his training and was transferred to Fort Lewis, WA for assignment to the 5th Battalion, 20th Infantry Regiment, 2nd Infantry Division. 4. He deployed with his unit in support of Operation Enduring/Iraqi Freedom from 14 November 2003 to 1 November 2004 and he was advanced to the pay grade of E-5 on 1 July 2004. 5. On 28 February 2005, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 3 years, 7 months, and 26 days of total active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the AAM, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Medal, the Good Conduct Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge. 6. A review of the applicant's official records failed to reveal any orders or certificates showing he was awarded the AAM with 1st OLC or any awards of the ARCOM. However, the applicant has provided a copy of an ARCOM Certificate which indicates that on 20 August 2004, Permanent Orders Number 231-204, issued by Headquarters, 3rd Brigade, 2nd Infantry Division, Fort Lewis, WA, awarded the applicant the ARCOM for the period of service from 15 November 2003 to 1 October 2004. 7. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration. DISCUSSION AND CONCLUSIONS: 1. The certificate awarding the applicant the ARCOM appears to be authentic. Therefore, it is accepted as evidence that the applicant was awarded one ARCOM. 2. Accordingly, it would be in the interest of justice to add the award of the ARCOM to his DD Form 214, dated 28 February 2005. 3. The sincerity of the applicant's claim that he was awarded the AAM with 1st OLC and the ARCOM with 1st OLC is not in doubt, there simply is no evidence in the available records to substantiate his claim. Therefore, the evidence is not sufficient to add these awards to his DD Form 214. 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 adding the ARCOM to his DD Form 214. 2. The Board further determined that 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 the awards of the AAM with 1st OLC and the ARCOM with 1st OLC 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. ABCMR Record of Proceedings (cont) AR20090005281 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005281 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1