IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019076 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019076 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019076 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 a second award of the Army Achievement Medal (AAM). 2. The applicant states, in effect, he served in Korea from 15 November 2002 to 15 November 2003. Upon his departure, he was given a DA Form 638 recommending approval of an AAM by his company and battalion commanders. He never received an AAM certificate, but his squad leader handed him the DA Form 638 prior to his departure. He subsequently received an AAM while serving at Fort Campbell, KY; however, his records do not show he received a second AAM. 3. The applicant provides: * DD Form 214 * DD Form 638 (Recommendation for Award) * AAM certificate * Orders 267-028 * a memorandum 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 22 January 2002. 3. The applicant's Official Military Personnel File (OMPF) contains an Enlisted Records Brief dated 18 December 2006. The form shows he served in Korea for the period 19 November 2002 to 11 November 2003. Section VIII (Awards and Decorations) shows award of the AAM. 4. He was honorably released from active duty on 21 February 2007. Among the awards listed on his DD Form 214 is the AAM. The DD Form 214 he was issued at the time does not show he was awarded a second AAM and there are no orders for a second AAM in his OMPF. 5. The applicant provides and his OMPF contains PO 339-1 dated 4 December 2006, which awards him the AAM for meritorious service for the period 22 March 2003 through 6 December 2006. 6. He further provides a copy of a DA Form 638 that appears to show he was recommended for award of the AAM for the period 15 November 2002 through 15 November 2003 for his meritorious service while assigned to the 102nd Military Intelligence Battalion, 2nd Infantry Division. Part V (Orders Data) of the form is incomplete and has the Permanent Order Number is lined through. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat 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. DISCUSSION: The DA Form 638 he provided does not show the award was ultimately approved, nor does it display a valid order number. There are no orders in his OMPF awarding him the AAM. The governing Army regulation requires announcement of all personal decorations in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019076 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019076 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2