DOCKET NUMBER:  AR20090000051 


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, that the Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM), Combat Action Badge (CAB), and Iraq Campaign Medal (ICM) with three bronze service stars be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he would like the above mentioned awards added to his DD Form 214.

3.  The applicant provides CAB and AGCM orders and a DA Form 638 (Recommendation for Award) for an AAM 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.  On 7 April 2005, the applicant was honorably released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of required active service and returned to his Army National Guard Unit.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 4 months, and 23 days of active military service.  Item 12f contains the entry "see block number 18."

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's 7 April 2005 DD Form 214 shows he earned the following awards during his tenure on active duty:  National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Driver and Mechanic Badge with Driver-W Bar, and overseas service bar (2nd Award).  Item 18 (Remarks) shows the applicant served in Iraq in support of Operation Iraqi Freedom (OIF) during the period 17 March 2004 through 1 March 2005.

4.  On 23 August 2008, a DD Form 215 was issued to the applicant which added the CAB to the list of awards contained on his DD Form 214.

5.  The applicant provides a DA Form 638 and an AAM Certificate which show he was awarded the AAM for his meritorious service as a Fire Support Specialist in support of OIF during the period 11 November 2003 through1 February 2005, while assigned to the Company B, 1st Battalion, 185th Armor.  These documents also confirm the applicant's AAM was authorized and announced in Headquarters, 81st Brigade Combat Team, Logistics Support Area Anaconda, Iraq, Permanent Order Number 029-2, dated 29 January 2005.

6.  The applicant also provides Headquarters, Military Department, State of Washington Orders 241-01, dated 29 August 2006, which awarded him the AGCM for his exemplary behavior, efficiency, and fidelity while serving on active duty during the period 15 November 2003 through 14 November 2004.

7.  On 3 June 2009, a member of the Board staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq.  He was also advised that he could elect either of these awards, but not both, for his Iraq service.  The applicant stated he wanted the ICM annotated on his DD Form 214 in lieu of the GWOTEM.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, or any other documents authorized for filing in the official military personnel file.

9.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12f (Foreign Service) state that all overseas service completed during the period covered by the DD Form 214 will be entered.  The instructions for item 13 stated that all awards earned during all periods of service will be entered.  

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the ICM.  It states, in pertinent part, that the ICM is authorized to members who have served in direct support of OIF during the period from 19 March 2003 to a date to a future date to be determined by the Secretary of Defense or the cessation of OIF.  It further stipulates that service members who qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star shall be worn on the suspension and campaign ribbon of the ICM for each Iraq campaign they were credited with participating in.  Approved designated ICM campaigns are the Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AAM and AGCM should be added to the list of awards on his DD Form 214 was carefully considered and found to have merit.  The evidence of record contains orders issued by Headquarters, Military Department, State of Washington that awarded the applicant the AGCM and a DA Form 638 that confirms the applicant was awarded the AAM by proper authority and that this award was authorized and announced in official orders.  Therefore, it would be appropriate to add these awards to his record and his DD Form 214 at this time.

2.  The applicant's request to add the ICM with three bronze service stars was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq, an authorized area of eligibility, in support of OIF from 17 March 2004 through 1 March 2005.  Based on this service, the applicant was credited with participating in three Iraq campaigns.  Therefore, he is eligible to receive the ICM with three bronze service stars and it would be appropriate to add this award to his DD Form 214 at this time.  It is noted that the applicant personally elected to be awarded the ICM in lieu of the GWOTEM already documented on his DD Form 214.  As a result, the GWOTEM will be removed from the list of awards contained on the separation document at the applicant's request.

3.  The evidence of record further confirms that the applicant served in Iraq for 11 months and 14 days.  Therefore, item 12f of his DD Form 214 should be amended to reflect this service.  As a result, it would be appropriate at this time to correct item 12f of his DD Form 214 by deleting the current entry and adding the entry "0000 11 14."

4.  The applicant's request related to adding the CAB to the list of awards contained on his DD Form 214 was noted.  However, the evidence of record contains a DD Form 215 that already accomplished this action.  Therefore, Board action on this matter is not necessary or required on this matter.  A copy of the DD Form 215 will be provided to the applicant.

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 amending his DD Form 214 for the period ending 7 April 2005 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0000 11 14"; and


	b.  item 13 - delete the GWOTEM and add the AAM, AGCM, and ICM with three bronze service stars.



      ____________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)                                         AR20090000051



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ABCMR Record of Proceedings (cont)                                         AR20090000051



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