ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170004613 APPLICANT REQUESTS: an Army Achievement Medal (AAM) and all other awards not issued at his expiration of term of service (ETS). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is requesting issuance of any and all medals that were not issued due to ETS, to include an AAM based on his time in service. He received a letter that stated he was eligible to receive medals that were not issued to him before his discharge. The applicant does not include the letter refrenced. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 29 March 2006. b. His foreign service includes his service in: * Iraq – 17 January 2008 to 14 March 2009 * Afghanistan – 12 April 2011 to 2 January 2012 c. He was honorably released from active duty on 9 January 2013. His DD Form 214 shows he completed 6 years, 9 months, and 11 days of active service with 1 year, 10 months and 19 days of foreign service. It also shows he was awarded or authorized: * Iraq Campaign Medal with Two Campaign Stars * Army Commendation Medal (2nd Award) * AAM (2nd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Afghanistan Campaign Medal with Two Campaign Stars * Global War on Terrorism Service Medal * Noncommissioned Officers Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Combat Action Badge * Driver and Mechanic Badge with Wheeled Vehicle Clasp d. There were no other awards or award recommendations located in his service record that were not already listed on his DD Form 214. 4. Army Regulation 15-185, the ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 5. Army Regulation 600-8-22, 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. 6. Army Regulation 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The Board determined that the evidence of record was insufficient to show an error or injustice. The Board notes that the applicant received the appropriate awards to which he was authorized. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal 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. 4. Army Regulation 635-5 (Separation Documents – Personnel Separations) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004613 4 1