IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220009774 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 July 2015, to show the Army Commendation Medal (2nd Award) and the Afghanistan Campaign Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders: CP-213-0045, Headquarters 101st Airborne Division (Air Assault) and Fort Campbell, 31 July 2012 * Enlisted Record Brief, 6 July 2015 * DA Form 638 (Recommendation for Award), Permanent Order Number 023-060, Army Commendation Medal, 23 January 2013 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, his DD Form 214 is missing his second Army Commendation Medal and the Afghanistan Campaign Medal despite them being listed on his final Enlisted Record Brief. He requires the corrections to complete his record and qualify him for the Minnesota Post 9/11 Veterans service bonus. 3. The Board will not consider award of the Afghanistan Campaign Medal with one bronze service star, as this item will be addressed through an administrative correction. 4. The applicant enlisted in the Regular Army on 23 February 2011. He completed training and he was awarded military occupational specialty 11B (Infantryman). 5. Permanent Order Number 023-60, issued by Headquarters, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), on 23 January 2013, awarded him the Army Commendation Medal. 6. On 5 July 2015, he was honorably released from active duty upon the completion of his required service. The DD Form 214 he was issued shows he completed 4 years, 4 months and 13 days of active service with service in Afghanistan from 17 September 2012 to 28 May 2013. It further shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * North Atlantic Treaty Organization Medal * Air Assault Badge 7. The applicant provides a copy of his Enlisted Record Brief, 6 July 2015, which lists, in part, the Army Commendation Medal (2nd Award) and the Afghanistan Campaign Medal with one bronze service star. 8. A search of the applicant's Official Military Personnel File failed to reveal orders for the Army Commendation Medal (2nd Award). 9. Army Regulation 600-8-22 (Military Awards), states award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s available military records the Board determined the record is absent sufficient evidence showing any recommendations or orders for an Army Commendation Medal (2nd award). The Board concluded the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature with documentation to support the applicant’s request for the award. Based on this the Board determined relief was not warranted and denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) is sufficient to add the Afghanistan Campaign Medal with one bronze service star to the applicant's DD Form 214 for the period ending on 5 July 2015. 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 states the Army Commendation Medal may be 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009774 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1