Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090007415
Original file (20090007415.txt) Auto-classification: Approved


		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090007415 


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 that he be awarded the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB).

2.  The applicant states that he believes that he was overlooked for these awards for his service in Iraq while other Soldiers involved in the same incident received these awards.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

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 military records show that he enlisted in the Army National Guard (ARNG) on 20 March 2003, completed his initial entry training, and was awarded the military occupational specialty (MOS) of motor transport operator.

3.  He entered active duty in support of Operation Iraqi Freedom on 5 January 2004 and served in Iraq/Kuwait from 21 March 2004 to 26 March 2005.

4.  He was awarded the Combat Action Badge (CAB) by Permanent Order 
135-56, dated 15 May 2006, and the Army Good Conduct Medal (AGCM) by Permanent Orders 126-036, dated 6 May 2005.

5.  The applicant was honorably released from active duty on 25 April 2005.

6.  There are no documents showing that the applicant was recommended for, or awarded, the ARCOM.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.





9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was a motor transport operator, he did not and could not qualify for the CIB.  As such, his request for the CIB is accepted as a request for the CAB.

2.  The applicant has orders awarding him the CAB and the AGCM.  It would now be appropriate to add these awards to his DD Form 214.

3.  There is no evidence that the applicant was recommended for the ARCOM.  Without an award recommendation, there is insufficient documentation to base granting the applicant the ARCOM.  However, this in no way precludes his right to request the ARCOM be awarded to him through his elected representative in accordance with Title 10 U.S. Code, Section 1130.

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 the DD Form 214 of the individual concerned be corrected by adding the CAB and the AGCM.

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 awarding him the ARCOM.  




      _______ _   _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)                                         AR20090007415



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007415



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090019134

    Original file (20090019134.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM) for his service in Iraq. Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the CIB. Although the evidence of record shows he served as an infantryman during his assignment in Iraq, there is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that was engaged in active ground combat or that he was personally...

  • ARMY | BCMR | CY2014 | 20140001510

    Original file (20140001510.txt) Auto-classification: Approved

    His DD Form 214 shows: a. his awards as: * National Defense Service Medal * Army Service Ribbon * Iraq Campaign Medal b. his foreign service as 1 year and 2 days; and c. a remark: "Service in Iraq 20050115 – 20050115." The available evidence of record shows that the applicant served a qualifying period of active duty for award of the GWOTSM. 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...

  • ARMY | BCMR | CY2008 | 20080013878

    Original file (20080013878.txt) Auto-classification: Denied

    He states that this ARCOM should be rescinded and he should instead be awarded the BSM. The DA Form 638 submitted by the applicant confirms his commander recommended him for and he was awarded the ARCOM for his service performed in support of OIF by the appropriate award approval authority. The evidence of record confirms the applicant was awarded the ARCOM, as recommended by his commander, and that this was the award the chain of command felt was appropriate to recognize the applicant's...

  • ARMY | BCMR | CY2006 | 20060015003

    Original file (20060015003.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of Army Good Conduct Medal (AGCM), Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), and any awards for his service in Iraq. Records show the applicant is entitled to correction of his records to show in item 18 (Remarks) of the applicant's DD Form 214 "Service in Kuwait (Operation Desert Spring) From 20020519 – 20021202; and Service in Iraq...

  • ARMY | BCMR | CY2013 | 20130020144

    Original file (20130020144.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * German Armed Forces Parachutist Badge * Egyptian Parachutist Badge * Jordanian Senior Parachutist Badge * Army Good Conduct Medal (AGCM) (2nd Award) * Combat Infantryman Badge (CIB) * Presidential Unit Citation (PUC) * Valorous Unit Award (VUA) * Army Achievement Medal (AAM) (4th Award) (taken to mean the Army Commendation Medal (ARCOM) (4th Award)) 2. The applicant...

  • ARMY | BCMR | CY2009 | 20090006726

    Original file (20090006726.txt) Auto-classification: Denied

    The BSM and CIB are individual awards, not authorized unit awards. The evidence of record is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.

  • ARMY | BCMR | CY2005 | 20050016203C070206

    Original file (20050016203C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, award of two Army Commendation Medals (ARCOM), Combat Infantry Badge (CIB), and all medals and awards associated with deployment in support of Operation Desert Spring and Operation Iraqi Freedom. There is no evidence in the available records to show that the applicant should be awarded the CIB. There is no evidence and the applicant did not provide any to show he served in support of specific operations that would qualify him for the award of the Kosovo...

  • ARMY | BCMR | CY2008 | 20080009375

    Original file (20080009375.txt) Auto-classification: Approved

    The applicant requests, in effect, that his separation document (DD Form 214) be corrected to add his foreign service, his tour in Iraq, his three or four Army Commendation Medals (ARCOMs), his three or four Army Achievement Medals (AAMs), his Presidential Unit Citation (PUC), his Combat Infantryman Badge (CIB), his Iraqi Freedom Medal, his Afghanistan Freedom Medal, his Global War On Terrorism Service Medal, his Overseas Service Ribbon, and his Army Good Conduct Medal (AGCM). Since there...

  • ARMY | BCMR | CY2008 | 20080018353

    Original file (20080018353.txt) Auto-classification: Approved

    Paragraph 2-4h(13) of Army Regulation 635-5 states to list awards and decorations for all periods service and paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14. The evidence of record also shows that when the applicant received his first ARCOM award, he had no previous awards listed. There is also no evidence of record that shows official orders...

  • ARMY | BCMR | CY2014 | 20140015871

    Original file (20140015871.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests to be awarded the Silver Star, the Combat Action Badge (CAB) and the Iraq Campaign Medal. Although the applicant provides documentation indicating he was working in the U.S. Embassy in Baghdad, Iraq, there is no documentation in the applicant's official military personnel file (OMPF), nor does he provide any orders or other documentation to show he served in Iraq in a active...