IN THE CASE OF: 

		BOARD DATE:  22 August 2022

		DOCKET NUMBER: AR20210016215


APPLICANT REQUESTS:  upgrade of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 20 December 2003 by adding the: 

*	Army Achievement Medal with 1 Oak Leaf Clusters
*	Army Commendation Medal with 1 Oak Leaf Clusters 
*	Global War on Terrorism Service Medal 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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, none of the medals he earned during service were 
listed on his DD Form 214. He earned the Army Achievement Medal with one Oak Leaf 
Cluster, Army Commendation Medal with one Oak Leaf Cluster, and the Global War on 
Terrorism Service Medal. At the time of his expiration term of service (ETS), he was 
dealing with pneumonia and did not correct his DD Form 214, during his ETS 
proceedings. 

3.  On 30 August 1999, the applicant enlisted in the US Army Reserve (USAR) delayed 
entry program (DEP) for a period of 8 years. On 15 September 1999, the applicant was 
discharged form the USAR DEP and entered active duty for a period of 4 years.

4.  On 18 March 2002, the applicant was awarded the Army Achievement Medal for 
exceptional performance, while firing Tank Table XII during the February 2002 Gunnery.  
This award is not listed on his DD Form 214 and will be administratively corrected, so is 
not in the purview of the Board.

5.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to 
members of the Armed Forces of the United States who have participated in Global War 
on Terrorism operations outside of the areas of eligibility (AOE) designated for award of 
the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or 
Iraq Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a 
date to be determined having served 30 consecutive days or 60 nonconsecutive days 
are authorized the GWOTSM. The applicant's service records show he served from 15 
September 1999 to 20 December 2003, therefore, he qualifies for this award. The 
award is not listed on his DD Form 214 and will be administratively corrected, so is not 
in the purview of the Board. 

6.  On 20 December 2003, the applicant was honorably discharged from the Army for 
completion of required active service. He had completed 4 years, 3 months, and 6 days 
of active federal service.  He was awarded or authorized the:

*	Army Lapel Button
*	National Defense Service Medal
*	Army Service Ribbon 
*	Marksman Marksmanship Qualification Badge with Pistol Bar

6.  The applicant is requesting the Army Achievement Medal with one Oak Leaf Cluster, 
Army Commendation Medal with one Oak Leaf Cluster, and Global War on Terrorism 
Service Medal be added to his DD Form 214.

	a.  The applicant's service record shows he was authorized one Army Achievement 
Medal.

	b.  The applicant's service record is void of, and the applicant did not provide 
documentation showing, he was awarded a second Army Achievement Medal, two 
Army Commendation Medals, or the Global War on Terrorism Service Medal.

	c.  The ABCMR will decide cases on the evidence of record. It is not an investigative 
body.  The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an 
evidentiary hearing or an administrative hearing in 10 USC 1034 and DODD 7050.6) or 
request additional evidence or opinions.

	d.  Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  The 
regulation states the:

		(1)  Army Achievement Medal is awarded to any member of the Armed Forces of 
the United States who distinguished himself or herself by meritorious service or 
achievement of a lesser degree than required for award of the Army Commendation 
Medal. 

		(2)  Army Commendation Medal is awarded to any Servicemember of the Armed 
Forces of the United States who, while serving in any capacity with the Army, 
distinguished himself or herself by heroism, meritorious achievement, or meritorious 
service.

		(3) To be awarded the Army Achievement Medal or Army Commendation Medal, 
the Soldier must be recommended for the award on a DA Form 638 (Recommendation 
for Award) and approved by the appropriate approval authority.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted. The applicant’s contentions, the military record, and regulatory 
guidance were carefully considered.  Based upon the available documentation, the 
Board made the following findings and recommendations related to the requested relief:

*	Army Achievement Medal with 1 Oak Leaf Clusters:  PARTIAL GRANT, grant the 
adding of one AAM (no oak leaf cluster) based upon the provided AAM award 
certificate reflecting a permanent order number

*	Army Commendation Medal with 1 Oak Leaf Clusters:  DENY, based upon the lack 
of documentation showing the applicant was ever submitted for and approved for 
any ARCOM.

*	Global War on Terrorism Service Medal:  GRANT, based upon the regulatory 
guidance and the time in which the applicant served.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by adding the Army Achievement Medal and the Global War 
on Terrorism Service Medal.

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 all other requested relief not reflected above.
		  
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, United States 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 (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  The 
regulation states the:

		(1)  Army Achievement Medal is awarded to any member of the Armed 
Forces of the United States who distinguished himself or herself by meritorious service 
or achievement of a lesser degree than required for award of the Army Commendation 
Medal. 

		(2)  Army Commendation Medal is awarded to any Servicemember of the 
Armed Forces of the United States who, while serving in any capacity with the Army, 
distinguished himself or herself by heroism, meritorious achievement, or meritorious 
service.

		(3) To be awarded the Army Achievement Medal or Army Commendation 
Medal, the Soldier must be recommended for the award on a DA Form 638 
(Recommendation for Award) and approved by the appropriate approval authority.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR), 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the ABCMR. It states, the ABCMR begins its consideration 
of each case with the presumption of administrative regularity. The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.

4.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides:  

	a.  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. 

	b.  The request, with a DA Form 638 (Recommendation for Award), must be 
submitted through a Member of Congress to:  Commander, U.S. Army Human 
Resources Command (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)	 AR20210016215


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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