BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090017325 


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 award of the Bronze Star Medal (BSM), Combat Action Badge (CAB), Global War on Terrorism Expeditionary Medal (GWOTEM), and the Meritorious Unit Commendation (MUC). 

2.  The applicant states that he has orders for the BSM, CAB, and the MUC.  He adds that since he received the Global War on Terrorism Service Medal (GOWTSM) prior to his deployment to Iraq, he should also be entitled to the GWOTEM.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), the BSM certificate with orders, Permanent Orders 108-24 for the CAB, and DA Form 7594 (Unit Award Recommendation).

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 U.S. Army Reserve and was ordered to active duty on 1 October 2004 in support of Operation Iraqi Freedom.  He served 1 year, 5 months, and 29 days of active military service.  He was released from active duty on 29 March 2006.

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in an imminent danger pay area in Kuwait/Iraq from 25 May 2005 to 22 March 2006.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal, Army Reserve Component Achievement Medal (4th Award), National Defense Service Medal (2nd Award), GWOTSM, Armed Forces Reserve Medal, Noncommissioned Officer Professional Development Ribbon (3rd Award), Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with M Device, Drill Sergeant Identification Badge, Driver and Mechanic Badge for Wheeled Vehicle, and Iraq Campaign Medal.  This form does not show award of the BSM, CAB, GWOTEM, or the MUC.

5.  Permanent Orders 044-006, dated 13 February 2006, and certificate show that while the applicant was assigned to Alpha Company, 415th Military Intelligence Battalion, he was awarded the BSM for meritorious service during Operation Iraqi Freedom from 1 June 2005 to 15 March 2006.  

6.  Permanent Orders 108-24, dated 18 April 2006, show the applicant was awarded the CAB while assigned or attached to an infantry unit engaged in actual combat on 1 November 2005.

7.  A DA Form 7594 shows the 415th Military Intelligence Battalion (Tactical Exploitation) was awarded the MUC for the period 21 July 2005 to 12 September 2006 while the applicant was assigned to the unit. 

8.  A review of the Human Resources Command (HRC), Awards and Decorations, Unit Award website, shows that Department of the Army General Orders for award of the MUC for the 415th Military Intelligence Battalion for the period 21 July 2005 to 12 September 2006 are pending.  However, the website notes that Personnel Service Battalions, Military Personnel Divisions, and Branch Managers may use the listings obtained from this site to update the Soldiers records.  Since DAGOs are not added to Soldiers OMPFs and are not necessary to update the records.

9.  Army Regulation 600-8-22 (Military Awards) states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. 

10.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders verify that the applicant was awarded the BSM and the CAB.  Therefore, his records should be corrected to show these awards.

2.  The applicant argues that he was awarded the GWOTSM prior to his deployment to Iraq.  However, this award has no bearing on whether or not he is entitled to the award of the GWOTEM.  Evidence of record shows the applicant was awarded the Iraq Campaign Medal in support of Operation Iraqi Freedom; therefore, he is not entitled to award of the GWOTEM for the same act, achievement or period of service. 

3.  Information obtained from the HRC Awards website verifies the applicant is entitled to award of the MUC.  Therefore, his records should be corrected to show this award. 

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 adding to his 29 March 2006 DD Form 214 the BSM, the CAB, and the MUC.

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 award of the GWOTEM. 




      _______ _   __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)                                         AR20090017325



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ABCMR Record of Proceedings (cont)                                         AR20090017325



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