IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090006523 


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 reflect the Army Good Conduct Medal (7th award), Meritorious Service Medal, and the Combat Action Badge.

2.  The applicant states there was a great rush to get Soldiers out of the Army when he retired and as such he got out without getting actual awards.  He states he later received the awards, but there was no update of his DD Form 214.  He states he has been unable to track down a copy of the orders awarding him his 7th award of the Army Good Conduct Medal.

3.  The applicant provides a copy of his DD Form 214 and copies of orders awarding him 6th award of the Army Good Conduct Medal, Meritorious Service Medal, and the Combat Action Badge.

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.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army (RA) Soldier on 30 April 1984.  He served continuously through a series of reenlistments until he retired for length of service on 30 September 2005 with 21 years, 5 months, and 1 day of active Federal service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Meritorious Service Medal, Army Good Conduct Medal (7th award), or the Combat Action Badge.

3.  In August 2002, while assigned to a recruiting battalion in Dallas, TX, the applicant was awarded the Army Good Conduct Medal for the period 30 April 1999 to 29 April 2002.  This was his 6th award of the Army Good Conduct Medal.  Orders confirming the award are contained in his Official Military Personnel File (OMPF) and the award was recorded on his DD Form 214.  There is no evidence he was ever awarded a seventh award of the Army Good Conduct Medal.

4.  In October 2003 the applicant was assigned to the 21st Field Artillery Regiment, part of the 1st Cavalry Division at Fort Hood, TX.

5.  According to a DA Form 638 (Recommendation for Award) provided by the applicant, on 2 May 2005 his platoon leader, a first lieutenant (1LT), recommended he be awarded the Meritorious Service Medal based on his retirement.  The award recognized the applicant’s meritorious service between 
8 July 1995 and 9 July 2005.  His battery, battalion, and brigade commanders supported the recommendation.  The award was subsequently approved by the Commanding General, 1st Cavalry Division at Fort Hood, TX.  Orders confirming the award were issued on 22 June 2005 although a copy of the award is not contained in the applicant’s OMPF.  It was also not recorded on the applicant’s DD Form 214.

6.  Evidence available to the Board shows the applicant was deployed to Iraq with the 21st Field Artillery Regiment between March 2004 and March 2005.  His performance evaluation report for the 12-month period ending June 2005 notes the applicant led his platoon on over 400 combat patrols, he was instrumental in capturing a deadly insurgent in the act of planting an IED (Improvised Explosive Device) en route during a combat patrol in Baghdad, and he captured five insurgents during battalion and battery raids.

7.  On 20 February 2006, after the applicant retired, orders were issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, awarding him and several other members of the 21st Field Artillery Regiment the Combat 
Action Badge for participating in ground combat operations under enemy hostile fire on 28 October 2004.  The Combat Action Badge recommendation, provided by the applicant in support of his request, notes that on 28 October 2004 the applicant and other members of his unit were doing a routine patrol when their convoy was hit by an IED.  The applicant’s OMPF does not contain a copy of the order awarding him the Combat Action Badge and it is not recorded on his DD Form 214.

8.  The applicant’s OMPF shows he was promoted to pay grade E-7 in 2001.  It is devoid of any disciplinary actions or indications that he had any incidents of misconduct.  It does indicate he was awarded multiple personal decorations and service medals during his more than 21 years of military service.  His performance rating, including reports rendered between 2002 and 2005, were all exceptional reports which contained glowing comments about his conduct and efficiency.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should reflect the Army Good Conduct Medal (7th award), Meritorious Service Medal, and the Combat Action Badge.

2.  The applicant would have completed a qualifying period of service for a seventh award of the Army Good Conduct Medal on 29 April 2005.  There is no indication in available records that he was ever disqualified for the award or that there would have been any basis to deny him that award.  As such, in the interest of justice and equity it would be appropriate to award the applicant the Army Good Conduct Medal (7th Award) for the period 30 April 2002 to 29 April 2005 and to correct his records accordingly.

3.  The applicant’s records indicate he was highly a successful Soldier.  Documents in his file confirm that the individuals involved in the recommendation and approval of his Meritorious Service Medal were in fact members of his chain of command which included his rater, senior rater, and reviewer.  He was assigned to the organization which published the orders awarding him the 
Meritorious Service Medal.  Therefore, it would be appropriate to amend his DD Form 214 to add the Meritorious Service Medal.

4.  The evidence confirms the applicant was performing duties in Iraq on the day noted in his award of the Combat Action Badge.  His performance evaluation report clearly suggests that he would have been involved in missions which would likely have caused him to be personally present and actively engaging or being engaged by the enemy.  The fact that the order confirming the badge was not published until more nearly two years after the fact would explain why the orders were not filed in the applicant’s OMPF.  Therefore, it would be appropriate to amend his DD Form 214 to add the Combat Action Badge.

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 (7th Award) for the period 
30 April 2002 to 29 April 2005; and
   
   b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(7th Award), Meritorious Service Medal, and the 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)                                         AR20090006523



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ABCMR Record of Proceedings (cont)                                         AR20090006523


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