IN THE CASE OF:	

		BOARD DATE:	23 July 2009  

		DOCKET NUMBER:  AR20090003603 


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 Infantryman Badge and the Army Commendation Medal.  

2.  The applicant states, in effect, that the awards are not listed on his DD Form 214.

3.  The applicant provides, in support of his request, a copy of his DD Form 214, dated 18 September 2004; a copy of Permanent Orders 196-05, dated 15 July 2003, issued by Headquarters, 4th Infantry Division, showing award of the Combat Infantryman Badge; and a copy of a DA Form 638 (Recommendation for Award), dated 4 February 2004, showing award of the Army Commendation Medal.

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's records show he enlisted in the Regular Army (RA) for a period of 3 years on 19 September 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).   He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 18 September 2004 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 3 years of creditable active service.

3.  The applicant’s records also show he served in Kuwait/Iraq from 9 April 2003 to 18 March 2004.  He was assigned to Company C, 2nd Battalion, 8th Infantry Regiment, Jalula, Iraq.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Lapel Button, Global War on Terrorism Expeditionary, Global War on Terrorism Service Medal, National Defense Service Medal, and Army Service Ribbon.  Item 24 does not show awards of the Combat Infantryman Badge or the Army Commendation Medal. 

5.  Headquarters, 4th Infantry Division, Permanent Orders 196-05, dated 15 July 2003, show the applicant was awarded the Combat Infantryman Badge for the period of service from 24 April to 15 June 2003, by reason of participating in combat operations under enemy hostile fire in Iraq to liberate Iraq in support of Operation Iraqi Freedom.

6.  Headquarters, 2nd Brigade, 4th Infantry Division, Permanent Order Number 035-110, dated 4 February 2004, show the applicant was awarded the Army Commendation Medal for meritorious achievement and exemplary service in support of Operation Iraqi Freedom from 11 April 2003 to 11 April 2004.

7.  Review of the applicant’s records indicates his entitlements to additional awards that are not shown on his DD Form 214.

8.  Headquarters, 2nd Battalion, 8th Infantry, Permanent Order Number 191-131, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 1 May 2002 to 31 May 2002.

9.  The applicant’s record is void of any derogatory information - lost time, nonjudicial punishment, or a bar to reenlistment - that would have disqualified from being awarded the Army Good Conduct Medal (first award).

10.   Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

12.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Combat Infantryman Badge and the Army Commendation Medal.  

2.  Permanent orders awarded the applicant the Combat Infantryman Badge for participating in combat operations under enemy hostile fire in Iraq which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Combat Infantryman Badge.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement and exemplary service in support of Operation Iraqi Freedom which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.

4.  Permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Achievement Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 19 September 2001 through 18 September 2004.  He completed 3 years of honorable service; he served a combat tour in Iraq; he was awarded the Army Commendation Medal, Army Achievement Medal, and Combat Infantryman Badge; and he attained the rank/grade of SPC/E-4.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his records to show this award.

6.  The evidence of record shows the applicant completed a period of 11 months and 10 days of continuous foreign/overseas service in Kuwait/Iraq from 9 April 2003 to 18 March 2004.  This period of service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show this award.

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 the applicant the Army Good Conduct Medal (first award) for exemplary behavior, efficiency, and fidelity during the period 19 September 2001 to 18 September 2004; and

	b.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal (first award), Army Commendation Medal, Army Achievement Medal, Combat Infantryman Badge, and Overseas Service Ribbon.



      __________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)                                         AR20090003603



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ABCMR Record of Proceedings (cont)                                         AR20090003603



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