BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017797


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 show:

* Combat Infantryman Badge
* two Army Commendation Medals
* Army Achievement Medal (1st Oak Leaf Cluster)
* Certificate of Achievement

2.  The applicant states, in effect, these awards were omitted from his DD Form 214.

3.  The applicant provides:

	a.  Permanent Orders Number 334-491, Headquarters, Coalition Task Force 82, Iraq, dated 30 November 2002, awarding the Combat Infantryman Badge;

	b.  DA Form 638 (Recommendation for Award) with Permanent Order Number 337-39, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 3 December 2002, awarding the Army Commendation Medal for Valor;

	c.  DA Form 638 with Permanent Order Number 050-57, Headquarters, 3rd Battalion, 505th Parachute Infantry Regiment, dated 27 February 2003, awarding the Army Achievement Medal [this appears to be a first award]; and

	d.  DA Form 638 (Recommendation for Award) with Permanent Order Number 154-3, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 1 June 2004, awarding the Army Commendation Medal (1st Oak Leaf Cluster) [this form shows the previous award of the Army Achievement Medal with 1st Oak Leaf Cluster].

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 served 3 years in the Regular Army from 9 July 2001 through 8 July 2004.  He had service in Afghanistan from 27 June 2002 through 20 December 2002 at a minimum, the dates for award of his Combat Infantryman Badge.

3.  The applicant's DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

4.  The applicant provided documentation proving award of the Army Commendation Medal, the Army Commendation Medal with "V" Device and Oak Leaf Cluster, the Army Achievement Medal, and the Combat Infantryman Badge. The DA Form 638 for a second award of the Army Commendation Medal lists two previous awards of the Army Achievement Medal.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

	b.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Achievement Medal.

	c.  The Afghanistan Campaign Medal is authorized to individuals who served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Individuals must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or been engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties.  During the applicant's tenure in Afghanistan, there was one named campaign listed – Consolidation I (1 December 2001-30 September 2006).  A bronze service star is authorized for wear on the Afghanistan Campaign Medal for campaign participation.

	d.  The Army 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 Army Good Conduct Medal, disqualification must be justified.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation does not support the entry of certificates of achievement in item 13 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests two Army Commendation Medals, two Army Achievement Medals, the Combat Infantryman Badge and Certificates of Achievement be added to his DD Form 214.

2.  The applicant provided permanent orders awarding one Army Commendation Medal for valor and one for meritorious achievement.  His DD Form 214 should reflect the Army Commendation Medal with "V" Device and Oak Leaf Cluster.

3.  The applicant provided permanent orders, dated 27 February 2003, awarding one Army Achievement Medal.  However, upon his release from active duty, orders, dated 1 June 2004, awarded him the Army Commendation Medal while providing that he had previously received two Army Achievement Medals.  These orders are accepted as proof of a second Army Achievement Medal subsequent to 27 February 2003.  The Army Achievement Medal with Oak Leaf Cluster should be added to his DD Form 214.

4.  The applicant provided orders awarding him the Combat Infantryman Badge for combat service in Afghanistan from 27 June 2002 to 20 December 2002.  The Combat Infantryman Badge should be added to his DD Form 214.

5.  The applicant is entitled to other awards which do not appear on his DD Form 214.  For his combat service in Afghanistan, he is entitled to the Afghanistan Campaign Medal with one bronze service star.  For his exemplary service from 9 July 2001 through 8 July 2004, he is entitled to award of the Army Good Conduct Medal.

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 for his exemplary service from 9 July 2001 through 8 July 2004 and 

	b.  adding the Army Commendation Medal with "V" Device and Oak Leaf Cluster, the Army Achievement Medal with Oak Leaf Cluster, the Army Good Conduct Medal, the Afghanistan Campaign Medal with one bronze service star, and the Combat Infantryman Badge to his DD Form 214.



      ___________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)                                         AR20090017797



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ABCMR Record of Proceedings (cont)                                         AR20090017797



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