IN THE CASE OF:	  

		BOARD DATE:	       30 October 2008

		DOCKET NUMBER:  AR20080005216 


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 award of the Valorous Unit Award and a second award of the Army Commendation Medal.

2.  The applicant states that the awards were processed and finalized after his separation from the Regular Army. 

3.  The applicant provided a copy of his DD Form 214, dated 19 February 2005; a copy of a certificate, dated 15 March 2005, showing award of the Army Commendation Medal; and a copy of memorandum, dated 12 December 2005, showing approved Valorous Unit Award, in support of his application.

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's records show that he enlisted in the Regular Army for a period of 4 years on 20 December 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 19 February 2005.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant’s records show that he served in Afghanistan from 7 July 2002 to 14 January 2003; Iraq, from 13 August 2003 to 13 February 2004; and Afghanistan from 23 September 2004 to 4 November 2004.  He was assigned to 1st Battalion, 505th Parachute Infantry Regiment (PIR), Fort Bragg, North Carolina. 

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Combat Infantryman Badge, and the Parachutist Badge. 

5.  Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, Permanent Orders Number 103-117, dated 12 April 2004 show the applicant was awarded the Army Commendation Medal for meritorious service from 13 August 2003 to 13 February 2004.

6.  Headquarters, 3rd Brigade, 82nd Airborne Division, Fort Bragg, Permanent Orders Number 074-01, dated 15 March 2005 show the applicant was awarded a second award of the Army Commendation Medal for meritorious service from
1 November 2001 to 1 January 2005.

7.  General Orders awarded the 1st Battalion, 505th PIR (and other selected units assigned or attached to the 3rd Brigade Combat Team) the Valorous Unit Award for the period 1 August 2003 to 31 March 2004.

8.  Review of the applicant's record indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  The Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003.  It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2) while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  The GWOTEM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.  

10.  The Afghanistan Campaign Medal is authorized by Public Law 108–234. . Individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between
24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  The Afghanistan Campaign Medal may be awarded posthumously.  Only one award of this medal may be authorized for any individual.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

	a.  Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility

	b.  While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility.

	c.  While participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.

11.  The Iraq Campaign Medal was authorized by Public Law 108–234.  Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  The Iraq Campaign Medal may be awarded posthumously.  Only one award of this medal may be authorized for any individual.  Under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  No service member will be entitled to both medals for the same act, achievement or period of service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

	a.  Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility.

	b.  While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility.

	c.  While participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.

12.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom: Liberation of Iraq, from19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.  DOD also authorized service stars to recognize stars recognize service members for participating in the following campaigns of Operation Enduring Freedom: Liberation of Afghanistan, from 11 September 2001 to 30 November 2001; Consolidation I, from 1 December 2001 to 30 September 2006; and Consolidation II, from 1 October 2006 to a date to be determined.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant two awards of the Army Commendation Medal, one of which is not shown on his records; therefore, he is entitled to correction of his records to show both awards of the Army Commendation Medal. 

2.  The applicant served two separate tours in Afghanistan, from 7 July 2002 to 14 January 2003 and from 23 September 2004 to 4 November 2004.  He was awarded the Global War on Terrorism Expeditionary Medal for the first tour, which is already shown on his records.  He also qualified for award of the Afghanistan Campaign Medal for the second tour.  Furthermore, the applicant participated in one campaign during his service in Afghanistan.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with one bronze service star and correction of his records to show this award.

3.  The applicant served in Iraq from 13 August 2003 to 13 February 2004.  He also participated in one campaign during his service in Iraq.  Therefore, the applicant is entitled to award of the Iraq Campaign Medal with one bronze service star and correction of his records to show this award.

4.  General Orders awarded the applicant’s unit the Valorous Unit Award which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.



BOARD VOTE:

___X____  __X_____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "Army Commendation Medal" from Item 13 of his DD Form 214 and replacing it with the entry "Army Commendation Medal (1st Oak Leaf Cluster); and

	b.  showing award of the Valorous Unit Award, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with one bronze service star.


															XXX
      ______________________
               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.

ABCMR Record of Proceedings (cont)                                         AR20080005216



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ABCMR Record of Proceedings (cont)                                         AR20080005216



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