IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090014082 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his additional awards of the Air Medal, and the Army Commendation Medal.  He also requests a second award of the Combat Action Badge.

2.  The applicant states, in effect, that his DD Form 214 does not show the Air Medal he was issued in 2004 and the Army Commendation Medal he was issued in 2005.  He also states he would like to be considered for award of the Combat Action Badge for his service in Afghanistan. 

3.  The applicant provides two DA Forms 638 (Recommendation for Award) and a certificate for 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 enlisted in the U.S. Army Reserve (USAR) on an unknown date in 1994.  

3.  The applicant's DD Form 214, for the period 29 December 1994, through 
7 July 1995, shows he served 6 months and 9 days in an active duty training status as an enlisted Soldier.  He was awarded the Army Service Ribbon, the National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

4.  The applicant's DD Form 214 for the period 3 November 1998 through
11 January 1999 shows he completed 2 months and 9 days of active duty this period and that he was separated to accept a commission or warrant in the Army. This DD Form 214 lists his awards as the Army Commendation Medal, the Army Achievement Medal (3rd award), the National Defense Service Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's DD Form 214 for the period 12 January 1999 through 22 April 2005 shows he completed 6 years, 3 months, and 11 days of active service this period.  It also shows he was medically discharged with severance pay in a warrant officer status.  This DD Form 214 lists his awards as the Basic Aviator Badge, the Army Lapel Button, the Global War of Terrorism Service Medal, "Air Medal with Combat Distinguishing "V" Device, the Air Medal, the Army Commendation Medal (2nd award), the Army Achievement Medal
(4th award), the Global War of Terrorism Expeditionary Medal, the Good Conduct Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal (2nd award), and the Army Service Ribbon.

6.  On 15 February 2008, the Army Human Resources Command awarded the applicant the Combat Action Badge for his actions on 8 April 2003.  A DD Form 215 (Correction to DD Form 214) was issued to correct his record.

7.  The applicant's integrated Personnel Electronic Record Management System (iPERMS) record contains a citation for an Air Medal (Service), for meritorious service from 26 February to 30 April 2003; an Air Medal (Valor) Narrative, Citation, and Certificate for the Air Medal with "V" Device for his actions on 
8 April 2003; and Human Resources Command Permanent Orders 046-05, dated 15 February 2008, awarding him the Combat Action Badge for his service on 
8 April 2003.  No additional orders were found.
8.  A DA Form 638, dated 20 November 2004, shows the applicant was recommended for award of the Air Medal with "V" Device for actions on 23 July 2004.  The awards approval authority "downgraded" the recommendation to the award of the Air Medal and approved the award on 13 March 2005.  The form states "see attached narrative."  However, no narrative is attached.  This form shows he was previously awarded an Air Medal with "V" Device, an Air Medal, and an Army Commendation Medal.

9.  A DA Form 638, dated 2 March 2005, shows that while the applicant was assigned to the 3rd Battalion, 4th Cavalry Regiment, he was recommended for award of the Army Commendation Medal with first Oak Leaf Cluster for the period 15 September 2003 through 25 March 2005.  The available recommendation was not fully completed by the award authority.  However, an Army Commendation Medal Certificate, dated 26 April 2005, was issued for this same period of service.  The DA Form 638 also shows the applicant had previously been awarded an Air Medal with "V" Device, an Air Medal, and an Army Commendation Medal. 

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal;

	b.  Second and succeeding awards of the Army Commendation Medal are denoted by Oak Leaf Clusters; and 

	c.  the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  It is awarded to Soldiers who were personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  Only one Combat Action Badge may be awarded during a qualifying period. 

11.  The Army Human Resources Command, Military Awards Branch website, titled "Recently Approved Unit Awards," shows during the period the applicant was assigned to the 3rd Battalion, 4th Cavalry Regiment it was cited for award of the Meritorious Unit Commendation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show an additional award of the Air Medal in 2004 and award of the Army Commendation Medal in 2005.
2.  The applicant's DD Form 214 that was issued on 22 April 2005 shows award of two Air Medals [one Air Medal with the "V" Device].  His records show he was recommended for a second Air Medal with "V" Device but it was "downgraded" and approved as a straight Air Medal.  Therefore, the third award of the Air Medal is not reflected on his DD Form 214.  It would be appropriate to correct his 
DD Form 214 to show award of the Air Medal with Numeral "3" with the "V" Device.

3.  The applicant's DA Form 638, dated 20 November 2004 shows he was awarded one Army Commendation Medal prior to the recommendation for the Army Commendation Medal with 1st Oak Leaf Cluster.  The applicant's DD Form 214 that was issued on 22 April 2005 shows award of two Army Commendation Medals.  The available evidence does not show the applicant was approved for award of a third Army Commendation Medal.

4.  Only one Combat Action Badge is authorized for the entire Global War on Terrorism era which includes service in both Iraq and Afghanistan.  The applicant was awarded the Combat Action Badge for his actions on 8 April 2003 in Iraq.  His DD Form 214 was corrected to include this award on 15 February 2008 and he was issued a DD Form 215 to show this badge. Therefore, he is not authorized a second award of the Combat Action Badge.

5.  During the period the applicant was assigned to the 3rd Battalion, 4th Cavalry Regiment, it was authorized award of a Meritorious Unit Commendation.  It would be appropriate to correct his DD Form 214 to show this unit award.

6.  The applicant's award of the Marksman Marksmanship Qualification Badge with Rifle Bar was not carried forward to his DD Form 214 that was issued on 
22 April 2005.  It would be appropriate to correct this DD Form 214 to show this badge.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Air Medal and the Air Medal with Combat Distinguishing 
"V" Device from the individual's DD Form 214, issued on 22 April 2005; and

	b.  adding to the DD Form 214 that was issued on 22 April 2005 the Air Medal with Numeral "3" and "V" Device, the Meritorious Unit Commendation and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 additional awards in excess of the above corrections.  



      _______ _   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)                                         AR20090014082



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ABCMR Record of Proceedings (cont)                                         AR20090014082



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