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 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'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 applicant’s 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





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ABCMR Record of Proceedings (cont)                                         AR20140001118



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