IN THE CASE OF:	  

		BOARD DATE:	       18 November 2008

		DOCKET NUMBER:  AR20080014103 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Achievement Medal, two awards of the Army Commendation Medal, the Driver and Mechanic Badge with Driver-W Bar, the Good Conduct Medal, the Joint Service Achievement Medal, and the Presidential Unit Citation.

2.  The applicant states that these awards are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; orders for two awards of the Army Achievement Medal; orders for two awards of the Army Commendation Medal; orders for the Driver and Mechanic Badge with Driver-W Bar, the Good Conduct Medal, and the Joint Service Achievement Medal; a citation for the Presidential Unit Citation; service personnel records; and certificates of training and achievement, 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 enlisted in the Regular Army on 25 January 2000, served as a military police, and was released from active duty on 24 January 2005.

3.  The applicant's DD Form 214 shows the Global War on Terrorism Service Medal, the National Defense Service Medal, the Army Lapel Button, and the Army Service Ribbon as authorized awards. 

4.  Headquarters, United States Army Infantry Center (USAIC), Military Police Activity, Fort Benning, GA Permanent Order Number 318-731, undated, awarded the applicant the Army Achievement Medal for meritorious performance during the period from 15 December 2001 to 15 April 2002.

5.  Headquarters, USAIC, Military Police Activity, Fort Benning Permanent Order Number 219-35, undated, awarded the applicant the Army Achievement Medal for meritorious service during the period from 22 July 2002 to 26 July 2002.

6.  Headquarters, USAIC, Military Police Activity, Fort Benning Permanent Orders 317-743, dated 12 November 2002, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar for the period from 1 November 2001 to
1 November 2002.

7.  The applicant provided a citation, dated 3 November 2003, from the Secretary of the Navy which states the 1st Marine Expeditionary Force was awarded the Presidential Unit Citation for extraordinary heroism and outstanding performance in action against enemy forces in support of Operation Iraqi Freedom from 
21 March 2003 to 24 April 2003.  The Military Awards Branch Recently Approved Unit Awards Roster shows that the 1st Marine Expeditionary Force, to include subordinate units (which included the 988th Military Police Company), received the Navy Presidential Unit Citation for the period 21 March 2003 to 24 April 2003.  The Department of the Army General Orders are pending.  

8.  Headquarters, USAIC Permanent Orders 209-01779, dated 28 July 2003, award the applicant the first award of the Good Conduct Medal for the period from 25 January 2000 to 24 January 2003.

9.  Office of the Secretary of Defense, Military Personnel Awards Order Number 03-426, dated 16 December 2003, awarded the applicant the Joint Service Achievement Medal for the period from December 2001 to April 2002.
10.  Headquarters, USAIC, Military Police Activity Permanent Order Number 
076-750, undated, shows the applicant received the Army Commendation Medal for meritorious service during the period from 5 April 2003 to 4 April 2004.   

11.  The applicant provided a memorandum for record, dated 1 January 2004, which states, in pertinent part, that he was assigned to the 988th Military Police Company and that his unit was assigned to Iraq from 4 April 2003 to 13 March 2004.

12.  Headquarters, Military Police Activity Permanent Order #270-737, undated, shows the applicant received the Army Commendation Medal for meritorious service during the period from 2 July 2000 to 24 January 2005.

13.  On 6 November 2008, the applicant was contacted by email and informed that only one award of the Army Commendation Medal may be awarded for the same period of service; therefore, only one award of the Army Commendation medal is valid.  (Paragraph 1-19 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Paragraph 1-19c states that continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service).  The applicant responded on 7 November 2008 and requested that his first award of the Army Commendation Medal (for the period 5 April 2003 to 4 April 2004) be amended to show it was awarded for achievement instead of meritorious service.   

14.  Army Regulation 600-8-22 states that 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.  A bronze service star is authorized for the following campaigns:  Liberation of Iraq 19 March 2003 – 1 May 2003; Transition of Iraq 
2 May 2003 – 28 June 2004; Iraqi Governance 29 June 2004 – 15 December 2005; and National Resolution 16 December 2005 – Date to be determined.  

15.  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 are the Army Achievement Medal and the Army Commendation Medal.

16.  Army Regulation 635-5 further states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received two awards of the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show the Army Achievement Medal with First Oak Leaf Cluster. 

2.  Orders show the applicant received two awards of the Army Commendation Medal for meritorious service.  Since one award is for overlapping dates of service (i.e. 5 April 2003 to 4 April 2004 and 2 July 2000 to 24 January 2005), one of the awards is not valid in accordance with the governing regulation.  However, based on the applicant's request on 7 November 2008 to amend Headquarters, USAIC, Military Police Activity Permanent Order Number 076-750, undated, to show he received the Army Commendation Medal for meritorious achievement during the period from 5 April 2003 to 4 April 2004, it would be appropriate to amend these orders.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster.   

3.  Orders show the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar, the Good Conduct Medal, and the Joint Service Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The entry on the Military Awards Branch Recently Approved Unit Awards Roster which shows the applicant's unit was awarded the Navy Presidential Unit Citation is accepted as sufficient evidence on which to amend his DD Form 214 to show this unit citation.

5.  Based on the applicant's service in Iraq, he is eligible for the Iraq Campaign Medal with two bronze service stars.

6.  The entry on the 1 January 2004 memorandum for record which states that the applicant's unit was assigned to Iraq from 4 April 2003 to 13 March 2004 is accepted as sufficient evidence on which to amend item 18 on his DD Form 214 to show this deployment.
 
BOARD VOTE:

____X____  ___X_____  ___Z_____  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.  amending Headquarters, USAIC, Military Police Activity Permanent Order Number 076-750, undated, to show the applicant received the Army Commendation Medal for meritorious achievement during the period from 5 April 2003 to 4 April 2004;   

	b.  adding the Army Achievement Medal with First Oak Leaf Cluster, the Army Commendation Medal with First Oak Leaf Cluster, the Driver and Mechanic Badge with Driver-W Bar, the Good Conduct Medal, the Joint Service Achievement Medal, the Navy Presidential Unit Citation, and the Iraq Campaign Medal with two bronze service stars to his DD Form 214; and  

	c.  adding the entry, "Service in Iraq from 20030404-20040313" in block 18 on his DD Form 214.


      _______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)                                         AR20080014103



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ABCMR Record of Proceedings (cont)                                         AR20080014103



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