BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002671 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 to his DD Form 214: * Afghanistan Campaign Medal with one bronze service star * Combat Infantryman Badge 2. The Board further determined 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 Army Achievement Medal to his DD Form 214. 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. BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002671 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF ::x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160002671 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) to show the Army Achievement Medal (AAM), Combat Infantryman Badge (CIB) and one service star for his Afghanistan Campaign Medal (ACM). 2. The applicant states the aforementioned awards and decorations are not listed on his DD Form 214. 3. The applicant provides a copy of Permanent Orders 198-106 and his Enlisted Record Brief (ERB) dated 3 December 2008. 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 on 11 August 2005. 3. Permanent Orders 198-106 dated 17 July 2006, shows that Headquarters, Joint Task Force, announced the award of the CIB (1st Award) for satisfactory performance of duty while under hostile fire. The applicant's name is listed on this order. 4. His ERB dated 3 December 2008 shows in: a. Section I (Assignment Information), Overseas/Deployment Combat Duty: * Afghanistan from 24 July 2007 to 24 August 2007 * Afghanistan from 8 October 2007 to 9 January 2008 * Iraq from 28 March 2006 to 12 July 2006 b. Section VII (Awards and Decorations) * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Afghanistan Campaign Medal – Campaign Star (ACM-CS) * Iraq Campaign Medal – Campaign Star (ICM-CS) * Global War on Terrorism Service Medal (GWOTSM) * Army Service Ribbon (ASR) * Ranger Tab (RGRT) * Parachutist Badge (PRCHTBAD) 5. His official military personnel file (OMPF) is void of evidence showing he was awarded the Army Achievement Medal. 6. On 7 January 2009, he was honorably separated for disability, non-combat related. 7. The DD Form 214 he was issued at the time shows he was awarded or authorized: * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with Campaign Star * Army Service Ribbon * Ranger Tab * Parachutist Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a non-combat 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. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-30 November 2009) * Consolidation III (1 December 2009 – 30 June 2011) * Transition I (1 July 2011-date to be determined) DISCUSSION: 1. The applicant requests the Army Achievement Medal be added to his DD Form 214; however, neither his record nor the applicant provide orders awarding him the Army Achievement Medal. 2. Orders awarded him the CIB, which is not shown on his DD Form 214. 3. Based on his dates of deployment to Afghanistan he is authorized the Afghanistan Campaign Medal with one bronze service star. The bronze service star is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002671 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002671 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2