IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080008016
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, in effect, awards for his service in Iraq.
2. The applicant states, in effect, that he should have received, at a minimum, an Army Commendation Medal for his service in Iraq. He contends that he and the other seventeen Soldiers of the 2632 Transportation Company were treated like stepchildren by the commander of the unit to which they were attached. He further contends that he did not receive any awards for his service in Iraq.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 10 February 2003, the applicant, a member of the California Army National Guard, was ordered to active duty in support of Operation Iraqi Freedom.
3. The applicant served in Iraq for a period of 11 months and 25 days. The exact dates of this overseas service are not provided in the available evidence.
4. On 28 May 2004, the applicant was released from active duty as transferred to the 2632nd Transportation Company, San Bruno, California. He had completed 1 year, 3 months, and 19 days of creditable active duty during this period of service.
5. Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) of the applicants Certificate of Release or Discharge from Active Duty (DD Form 214), lists his awards as the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with M Device, and the Army Service Ribbon. It does not show award of the Army Commendation Medal.
6. Recommendation for Award (DA Form 638), dated 9 July 2004, awarded the applicant the Army Achievement Medal for his meritorious service during the period from 1 May 2003 to 30 June 2004 while serving in Iraq.
7. Permanent Orders 026-411, Joint Force Headquarters, dated 26 January 2006, awarded the applicant the Combat Action Badge for actively engaging the enemy on 22 May 2003, while a member of the Multi-National Forces in Iraq.
8. Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.
9. Title 10 of the United States Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects the applicants right to pursue his claim for award of the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC §1130."
2. Orders show that the applicant was awarded the Army Achievement Medal and the Combat Action Badge. Therefore, his records should be corrected to show these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, that in addition to the awards already shown on his DD Form 214, that his awards include the Army Achievement Medal and the Combat Action Badge.
2. The Board further determined that 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 award of the Army Commendation Medal.
__________ X_ _______ ___
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080008016
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