IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009965 


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 add awards of the Army Commendation Medal with "V" Device and the Army Achievement Medal.

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

3.  The applicant provides a copy of his DD Form 214, dated 1 December 2004; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 28 February 2005, showing award of the Army Achievement Medal; and a copy of a DA Form 638 and certificate, dated 9 September 2004, showing award of the Army Commendation Medal with "V" Device, 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 records show he enlisted in the Regular Army on 6 April 2001. He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He was honorably released from active duty in the rank/grade of specialist/E-4 on 1 December 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

3.  The applicant's records further show he served in Iraq from 15 November 2003 to 25 October 2004.  He was assigned to A Company, 1st Battalion, 23rd Infantry.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service and Expeditionary Medals, the Army Service Ribbon, the Good Conduct Medal, and the Combat Infantryman Badge.  

5.  Headquarters, 1st Battalion, 23rd Infantry, Fort Lewis, WA, Permanent Orders Number 177-03, dated 6 June 2002, show the applicant was awarded the Army Achievement Medal for outstanding performance during the period 3 June 2002 to 6 June 2002. 

6.  Headquarters, 1st Battalion, 23rd Infantry, Fort Lewis, WA, Permanent Orders Number 013-05, dated 28 February 2005, show the applicant was awarded a second award of the Army Achievement Medal for meritorious service during the period 14 August 2001 to 28 February 2005.  

7.  Headquarters, 3rd Brigade, 2nd Infantry Division, Fort Lewis, WA, Permanent Orders Number 069-23, dated 10 March 2005, show the applicant was awarded the Army Commendation Medal with "V" Device for exceptionally meritorious performance on 9 September 2004 as a mortar gunner during Operation Iraqi Freedom.

8.  Review of the applicant's records indicates his entitlement to an additional award which is not shown on his records.



9.  The Soldier Programs/Services Division, Awards Branch, Human Resources Command, database shows the 1st Battalion, 23rd Infantry, was awarded the Meritorious Unit Commendation for the period 15 November 2003 to 31 October 2004 and the Department of the Army general orders are pending.  The instructions state that Military Personnel Divisions and Branch Managers may use listings obtained from the site to update Soldiers records; copies of Department of the Army general orders are not added to a Soldiers' official military personnel files and are not necessary to update records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show a second award of the Army Achievement Medal and his Army Commendation Medal with "V" Device. 

2.  Permanent orders awarded the applicant two awards of the Army Achievement Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show two awards of the Army Achievement Medal.

3.  Permanent orders awarded the applicant the Army Commendation Medal with "V" Device for exceptionally meritorious performance on 9 September 2004 as a mortar gunner during 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 this award.

4.  Headquarters, Department of the Army, awarded the applicant's unit the Meritorious Unit Commendation for the period 15 November 2003 to 31 October 2004 which is not shown on his records.  Therefore, he is entitled to 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.  deleting from item 13 of his DD Form 214 the entries "Army Achievement Medal" and "Army Commendation Medal"; and

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (1st Oak Leaf Cluster), the Army Commendation Medal with "V" Device, and the Meritorious Unit Commendation.




      _______ _   _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)                                         AR20090009965



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ABCMR Record of Proceedings (cont)                                         AR20090009965



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