IN THE CASE OF:
BOARD DATE: 14 May 2009
DOCKET NUMBER: AR20090000169
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 military records to show award of the Combat Action Badge, the Army Commendation Medal with "V" Device, and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect, that these awards were omitted from his military records. He contends that he is eligible for the Combat Action Badge for his service in the Gulf War.
3. The applicant provides no additional documentary evidence 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 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. Having prior inactive and active service, the applicant enlisted in the Regular Army on 8 January 1986. He trained as an armor crewman and remained on active duty through continuous reenlistments until he retired on 31 January 2002 in the rank of staff sergeant.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2002 does not show the Combat Action Badge, the Army Commendation Medal with "V Device, or the GWOTSM as authorized awards.
4. There are no orders for the Combat Action Badge or the Army Commendation Medal with "V" Device in the available records.
5. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge 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 Combat Action Badge. However, it is not intended to award the Combat Action Badge 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.
6. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
7. 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. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy.
8. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Combat Action Badge in the available records. The applicant's contention that he is eligible for the Combat Action Badge for his service in the Gulf War was noted. However, the governing regulation states that retroactive awards of the Combat Action Badge are not authorized prior to
18 September 2001. Therefore, there is no basis for granting the applicant's request for award of the Combat Action Badge.
2. There are no orders available for the Army Commendation Medal with "V" Device. Therefore, there is insufficient evidence on which to base award of this medal.
3. The applicant served a period of qualifying service for award of the GWOTSM.
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 adding the GWOTSM on his DD Form 214 for the period ending 31 January 2002.
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 Combat Action Badge or the Army Commendation Medal with "V" Device.
_______ _ _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.
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