IN THE CASE OF: BOARD DATE: 13 September 2021 DOCKET NUMBER: AR20210008100 APPLICANT REQUESTS: award of the: * Meritorious Service Medal (MSM) and/or Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect, he honorably served in both Cuba and Afghanistan in support of Operation Enduring Freedom (OEF). This is substantiated by his distinguished service that resulted in his Department of Veterans Affairs (VA) diagnosis of service-connected clinical depression and post-traumatic stress disorder (PTSD) from experiences in both overseas tours, but specifically in Afghanistan. He was close to hostile, credible threats of "green-on-blue" violence to service members by the Afghan National Army and Afghan National Police. He is proud of his honorable service and wants to tell his future children and grandchildren about his service. 3. He enlisted in the Regular Army on 7 October 2009. 4. Installation Management Command and Joint Base Garrison, Joint Base Lewis- McChord, Orders LS-307-0015, 3 November 2011, ordered him to deploy with his unit in a temporary change of station status in support of OEF on or about 19 November 2011. 5. He was honorably released from active duty on 16 March 2013 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years, 5 months, and 10 days of net active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the absence of the MSM, ARCOM, or AAM; and b. item 18 (Remarks), the entries "SERVICE IN CUBA 20100320-20110319" and "SERVICE IN AFGHANISTAN 20111113-20121106." 6. U.S. Army Human Resources Command Orders D-05-713045, 16 May 2017, honorably discharged him from the U.S. Army Reserve effective 16 May 2017. 7. His Official Military Personnel File does not contain DA Forms 638 (Recommendation for Award) or orders awarding him the MSM, ARCOM, or AAM. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant’s contentions, military record and regulatory guidance. The Board considered the applicant statement, his record of service and documents provided by the applicants. The applicant’s record is void evidence showing he was awarded either of the requested awards and none was provided on his own behalf for consideration for Board consideration. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X X: 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, 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. All non- service awards will be announced in permanent orders. The Army does not allow self- recognition (including spouses or other family members); therefore, a Soldier may not recommend himself or herself for award of a decoration. a. The MSM is awarded to any member of the Armed Forces of the United States or any member of the Armed Forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM is authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. b. The ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. c. The AAM is awarded to any member of the Armed Forces of the United States, or any member of the Armed Forces of a friendly foreign nation, who distinguishes himself or herself by meritorious service or achievement of a lesser degree than required for award of the ARCOM. d. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. e. The request, along with a DA Form 638, must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008100 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1