IN THE CASE OF:	  

		BOARD DATE:	 	  15 January 2009 

		DOCKET NUMBER:  AR20080017583 


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 separation document to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge (CAB).

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal prior to separation, but he did not receive the CAB until after he was released from active duty.  He also states that all personnel who deployed with his unit (i.e., 157th Quartermaster Company) received the Army Commendation Medal and CAB between March and April 2006.  However, officials at the separation transition center would not accept the award paperwork.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 March 2006 and a
DA Form 4980-14 (Army Commendation Medal Certificate), dated 20 December 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show that he enlisted in the U.S. Army Reserve Delayed Entry Program on 26 July 2002.  He then enlisted in the Regular Army and entered active duty for a period of 3 years on 9 October 2002.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 52B (Power Generator Equipment Repairer).

2.  The applicant’s military personnel records contain a copy of a DA Form
4980-14, dated 20 December 2005, that shows the applicant was awarded the Army Commendation Medal for meritorious service while assigned to Apache Troop, 1st Squadron, 3rd Armored Cavalry Regiment during Operation Iraqi Freedom from 7 March 2005 to 6 March 2006 per Headquarters, 3rd Armored Cavalry Regiment, Forward Operating Base Sykes, Iraq, Permanent Orders Number 354-074, dated 20 December 2005.

3.  The applicant’s military personnel records are absent orders or other evidence that show he was recommended for the CAB or that he was awarded the CAB.

4.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 9 October 2002 and was honorably released from active duty on 31 March 2006 based upon completion of required active service.  At the time he had completed 3 years, 5 months, and 22 days net active service this period and 1 year, 6 months, and 3 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Driver and Mechanic Badge with “W” (Wheel Vehicle) Bar.  Item 18 (Remarks), in pertinent part, shows he served in Iraq in support of Operation Iraqi Freedom from 15 July 2003 through 17 January 2004 and from 28 December 2004 through
27 December 2005.

5.  A review of the applicant's military personnel records shows that he may be entitled to additional awards that are not shown on his DD Form 214.

6.  There is no evidence that the applicant received the first award of the Good Conduct Medal.  The applicant’s records do not contain any adverse information and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

8.  Army Regulation 600-8-22 provides for award of the Iraq Campaign Medal to individuals who 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 must have been assigned or attached to mobilized units operating in the area of eligibility for 30 consecutive or for 60 non-consecutive days, or engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  No service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement or period of service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance
(29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).

10.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve an active Reserve status are eligible for the award upon successful completion of overseas tours.  On
25 October 2005, a change to the requirements for award of the Overseas Service Ribbon eliminated the policy that restricted award of the Overseas Service Ribbon when another U.S. campaign/service medal is awarded.  This change was made retroactive.

11.  Army Regulation 614-30 (Assignments, Details, and Transfers), in pertinent part, prescribes policies pertaining to overseas permanent change of station moves and overseas tour lengths.  Table D-1 (Criteria for overseas tour lengths), in pertinent part, defines dependent-restricted tours as locations lacking adequate family support facilities or with potential or actual threat to the safety or security of families and specifies the authorized unaccompanied tour length is
12 months.

12.  Army Regulation 600-8-22 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.
13.  Army Regulation 600-8-22 states that award of the Combat Action Badge (CAB) is authorized from 18 September 2001 to a date to be determined.  This Army regulation also states the requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Overseas Service Ribbon, and Combat Action Badge because the awards were not recorded on his discharge document at the time of separation.

2.  The available evidence shows Permanent Orders awarded the applicant the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 7 March 2005 to 6 March 2006.  Therefore, it would be appropriate to correct his records to show this award.

3.  Records show the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  The evidence of record shows the applicant qualified for award of the Iraq Campaign Medal for his service in direct support of Operation Iraqi Freedom.  The evidence of record also shows the applicant participated in the Transition of Iraq, Iraqi Governance, and National Resolution campaigns.  Therefore, his records should be corrected to show award of the Iraq Campaign Medal with
3 bronze service stars.

5.  The evidence of record shows the applicant qualified for award of the Overseas Service Ribbon for completion of a 12-month, dependent-restricted overseas service tour in Iraq in support of Operation Iraqi Freedom from
28 December 2004 through 27 December 2005.  Therefore, it would be appropriate to correct his records to show this service ribbon.
6.  As a matter of policy, it is highly desirable that a recommendation for an award or decoration be placed into military channels and acted upon as quickly as possible.  This allows commanders (who were in the chain of command at the time of the action or service) to make a timely recommendation of approval or disapproval of the award or decoration based on first-hand knowledge of the circumstances upon which the award recommendation is based.  In this regard, the decision to approve an award or decoration rests with the commander having award approval authority; in the case of the CAB, the first two-star general officer in the applicant’s chain of command.

7.  There is no evidence of record that shows the applicant was awarded the CAB.  There is also no evidence that the applicant’s chain of command recommended him for award of the CAB.  Therefore, in view of the foregoing, there is insufficient evidence upon which to base award of the Combat Action Badge in this case.

8.  While the available evidence is insufficient for awarding the applicant the Combat Action Badge, this in no way affects the applicant’s right to pursue his request for the Combat Action Badge.  In this regard, the applicant may submit a request for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDO-PA, 200 Stovall Street, Alexandria, Virginia  22332-0471.  The applicant's request should be submitted along with supporting documentation and a copy of his DD Form 214.

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:

     a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 9 October 2002 to 8 October 2005;

     b.  deleting from Item 13 of his DD Form 214 the Iraq Campaign Medal; and

     c.  adding to Item 13 of his DD Form 214 the Army Commendation Medal, Good Conduct Medal, Iraq Campaign Medal with 3 bronze service stars, and Overseas Service Ribbon.

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 the Combat Action Badge.  




      _______ _   _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)                                         AR20080017583



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ABCMR Record of Proceedings (cont)                                         AR20080017583



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