DOCKET NUMBER:  AR20090001745 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Combat Action Badge (CAB), Army Achievement Medal (AAM), Afghanistan Campaign Medal (ACM) and all other awards for which he qualifies but were omitted from his DD Form 214; and that he be issued an Honorable Discharge Certificate.

2.  The applicant states, in effect, that he served in combat in Afghanistan in support of Operation Enduring Freedom; however, his DD Form 214 does not accurately reflect his service.  He also states he would like the above mentioned awards and all others he is eligible for added to his DD Form 214.  He also states he did not realize he was qualified for the CAB; however, the Army Commendation Medal (ARCOM) award serves as evidence that he does in fact qualify for the CAB and it should be added to his DD Form 214.  He further states he never received his Honorable Discharge Certificate. 

3.  The applicant provides his DD Form 214, DA Forms 638 (Recommendations for Award), and a Disabled American Veterans (DAV) letter, dated 18 December 2008, 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 13 November 2005, the applicant was honorably discharged under the provisions of paragraph 4-24B (3), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability, with severance pay. The DD Form 214 he was issued at the time confirms he completed a total of 2 years, 9 months, and 17 days of active military service.  Item 12f contains the entry "0000 00 00."

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's 13 November 2005 DD Form 214 shows he earned the following awards during his tenure on active duty:  ARCOM, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.  Item 18 (Remarks) shows the applicant served in Afghanistan during the period 
1 October 2003 through 8 May 2004.

4.  The applicant’s Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM.    

5.  The applicant provides a DA Form 638, dated 11 February 2004, which shows he was awarded the ARCOM for meritorious service while serving in Afghanistan in support of Operation Enduring Freedom IV, during the period 1 September 2003 through 1 May 2004.  Item 20 (Achievement 1) states "while at Asadabad, a fire base in Northern Afghanistan, the applicant displayed exceptional composure as his section tent was hit by a rocket propelled grenade (RPG).  The tent was immediately engulfed in flames.  Despite the location of the RPG impact, the applicant was able to remain calm and perform his duties above what was expected of him.” 

6.  Item 20 of the DA Form 638, dated 11 February 2004, further stated that “His actions directly contributed to his section's ability to return several volleys of high explosive mortar rounds which effectively suppressed the enemy, and prevented any further attacks on the camp."  This document further confirms the applicant's ARCOM was authorized and announced in Headquarters, Combined Task Forces Warrior, APO AE 09355, Permanent Orders Number 061-203, dated 1 March 2004.

7.  The applicant also provides a DA Form 638, dated 6 June 2005, which confirms he was awarded the Army Achievement Medal (AAM) for his exceptional meritorious service during the period 1 June 2003 through 15 July 2005, while serving as an ammunition Team Chief with Bravo Battery, 
3rd Battalion, 6th Field Artillery.  This document also shows this award was authorized and announced in Headquarters, 3rd Battalion, 6th Infantry, Fort Drum, New York, Permanent Orders Number 165-02, dated 14 June 2005.

8.  On 12 June 2009, a member of the Board staff contacted the applicant to inform him that by regulation, both the ACM and GWOTEM could not be awarded for the same period of service in Afghanistan.  He was advised that he could elect either of these awards, but not both.  The applicant stated he wanted to keep the GWOTEM listed on his DD Form 214, and withdrew his request for award of the ACM.  As such, this award will no longer be discussed in this record of proceedings. 

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.  Paragraph 2-10 of Army Regulation 635-5 contains guidance on the issuance of the Honorable Discharge Certificate (DD Form 256A).  It states, in pertinent part that an Honorable Discharge Certificate is issued to all Soldiers receiving an honorable or general discharge. 


11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 contains guidance on the AGCM.  It states, in pertinent part, that Ready Reserve enlisted personnel ordered to active duty under Title 10, USC are eligible to receive the AGCM.  It further states that the normal qualifying period for award of the AGCM is 3 years; however, for the first award only, a period of more than 1 year is a qualifying period if awarded upon termination of service.  

12.  Paragraph 8-8 of Army Regulation 600-8-22 contains guidance on the CAB.  It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized, he/she must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement, and he/she must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB is authorized from 18 September 2001 to a date to be determined.  The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AAM should be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record contains a DA Form 638 which confirms the applicant was awarded the AAM for meritorious service during the period 1 June 2003 through 15 July 2005, and that this award was authorized and announced in official orders.  Therefore, it would be appropriate to add it to his DD Form 214 at this time.

2.  The evidence of record further confirms the applicant served in Afghanistan for 7 months and 7 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 07 07."

3.  The applicant's contention that he should have been awarded the CAB based on action in Afghanistan that is documented on the DA Form 638 that awarded him the ARCOM and that this badge should also be include on  his DD Form 214 was also carefully considered and found to have merit.  

4.  By regulation, in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  In this case, the evidence of record confirms that while serving in Afghanistan, the applicant engaged in action with the enemy during a enemy rocket attack, as evidenced by a DA Form 638, dated 
11 February 2004, which awarded the applicant the ARCOM for achievements that included this engagement.   As a result, the applicant met the criteria for award of the CAB and it would be appropriate to add this award to his record and DD Form 214 at this time. 

5.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it is concluded that he completed a qualifying period of honorable active duty service that qualified him to receive the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 27 January 2003 through 13 November 2005, and to add this award to his record and separation document at this time. 

6.  The applicant's contention that he never received his Honorable Discharge Certificate was carefully considered and found to have merit.  By regulation an Honorable Discharge Certificate is issued to all Soldiers receiving an honorable discharge.  The evidence of record confirms the applicant was honorably discharged as evidenced by his DD Form 214.  Therefore, it would be appropriate at this time to issue him an Honorable Discharge Certificate.

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 

   a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 27 January 2003 through 13 November 2005; 

   b.  awarding him the Combat Action Badge; 
   
   c.  showing his entitlement to the Army Achievement Medal;
   
	d.  item 12f - delete the current entry and replace it with the entry "0000 07 07"; and
   
   e.  issuing him a Honorable Discharge Certificate; and 
   
   f.  providing him a correction to his separation document that includes these awards. 




      ______ _   __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)                                         AR20090001745



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ABCMR Record of Proceedings (cont)                                         AR20090001745


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