IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090002423 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge.

2.  The applicant states, in effect, he was awarded the Combat Action Badge and recently noticed that it is not recorded on his DD Form 214.

3.  The applicant provides, in support of his application, a copy of State of California, Joint Force Headquarters, Sacramento, California, Permanent Orders 026-573, dated 26 January 2006.

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 Army National Guard of the United States (ARNGUS) and California Army National Guard (CAARNG) on 11 May 1999.

3.  On 17 January 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.

4.  A DD Form 214 shows the applicant entered active duty on 17 January 2004 and was honorably released from active duty on 2 April 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service.   At the time he had completed 1 year, 2 months, and 16 days of net active service;
7 years of total prior active service; and 1 year and 12 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Air Force Achievement Medal, Air Force Good Conduct Medal, Marine Corps Good Conduct Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Overseas Service Bar (2nd Award), Air Force Longevity Service Award Ribbon, and Air Force Training Ribbon.  Item 18 (Remarks), in pertinent part, shows the applicant served in Iraq from 17 February 2004 to 28 February 2005.

5.  An NGB Form 22E (Report of Separation and Record of Service) shows the applicant entered the ARNGUS and CAARNG on 11 May 1999 and was honorably discharged on 11 May 2006 under the provisions of National Guard Regulation 600-200 (Enlisted Management), paragraph 8-26i, based on expiration of service obligation.  At the time he had completed 7 years and 1 day of net service this period; 2 years, 8 months, and 9 days of prior Reserve Component service; 7 years of prior active service; 16 years, 8 months, and 10 days of total service for pay; and 13 years, 8 months, and 9 days of total service for retired pay.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows he was awarded the Army Commendation Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon.  Item 18 (Remarks), in pertinent part, shows the applicant was ordered to active duty in support of Operation Iraqi Freedom from 17 January 2004 to 2 April 2005.

6.  The applicant’s military personnel records contain a copy of State of California, Joint Force Headquarters, Sacramento, California, Permanent Orders 026-573, dated 26 January 2006, that show the applicant was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 4 November 2004.
7.  A review of the applicant's military records reveals he may be authorized additional awards that are not shown on his DD Form 214 or NGB Form 22E.

8.  A DA Form 4980-18 (The Army Achievement Medal Certificate), dated 11 June 2002, shows that Headquarters, 579th Engineer Battalion (Combat), Santa Rosa, California, Permanent Orders 162-37, dated 11 June 2002, awarded the applicant the Army Achievement Medal for meritorious service while providing communications support to the 579th Engineer Battalion (Combat) from 1 June 2002 to 15 June 2002.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.

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 states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  This Army regulation also states the requirements for award of the Combat Action Badge are branch and military occupational specialty 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 Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Combat Action Badge because he was awarded the badge, but it is not recorded on his discharge document.

2.  Records show that permanent orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 4 November 2004.  Therefore, it would be appropriate to correct his DD Form 214 and NGB Form 22E to show award of the Combat Action Badge.

3.  Records show that permanent orders awarded the applicant the Army Achievement Medal for meritorious service while providing communications support to the 579th Engineer Battalion (Combat) from 1 June 2002 to 15 June 2002.  Therefore, it would be appropriate to correct his DD Form 214 and NGB Form 22E to show award of the Army Achievement Medal.

4.  Records show 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 17 February 2004 through
28 February 2005.  Therefore, it would be appropriate to correct his DD Form 214 and NGB Form 22E to show this service ribbon.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 13 of his DD Form 214 the Army Achievement Medal, Overseas Service Ribbon, and Combat Action Badge; and

	b.  adding to item 15 of his NGB Form 22E the Army Achievement Medal, Overseas Service Ribbon, and 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)                                         AR20090002423



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ABCMR Record of Proceedings (cont)                                         AR20090002423



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