IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090018164 


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 Combat Action Badge and Iraq Campaign Medal.

2.  The applicant states he was told after he was released from active duty by members of his former unit that he might be entitled to the Combat Action Badge and Iraq Campaign Medal.

3.  The applicant provides no supporting documentation.

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, an Army National Guard Soldier, was called to active duty in support of Operation Iraqi Freedom.

3.  He served on active duty from 24 October 2004 through 9 January 2006 with service in Iraq from 31 December 2004 through 10 December 2005.

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his awards as the Army Commendation Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device, Global Was on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, two overseas service bars, and the Driver and Mechanic Badge with Wheeled Vehicle Bar.

5.  Illinois Army National Guard Permanent Order 080-083, dated 21 March 2006, awarded the applicant the Combat Action Badge.

6.  The applicant was discharged from the Army National Guard on 9 April 2006. 
His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists the same awards as listed on the DD Form 214.

7.  The applicant's DD Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552) does not include contact information.  An attempt to obtain a telephone number based on his home of record address failed to locate a valid number.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Global War on Terrorism Expeditionary Medal 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;

	b.  the Iraq Campaign Medal is authorized for award to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF; and

	c.  service members qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal 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.  The applicant states he was told by members of his former unit that he might be entitled to the Combat Action Badge and Iraq Campaign Medal.

2.  Well after his release from active duty, the applicant was officially awarded the Combat Action Badge on 21  March 2006.  Therefore, it was not included on the DD Form 214.  It is appropriate to correct the record to show his award of the Combat Action Badge.

3.  The applicant meets the criteria for award of either the Global War on Terrorism Expeditionary Medal [already awarded] or the Iraq Campaign Medal.  However, he is not shown to have served during two separate periods for entitlement to both.

4.  As he has not provided any contact information, the staff of the Board was unable to determine if he wishes to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, it is not appropriate to make any correction to his record on this issue.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Combat Action Badge and to have it added to his DD Form 214 at this time.

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 Iraq Campaign Medal.



      _____________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)                                         AR20090018164



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ABCMR Record of Proceedings (cont)                                         AR20090018164



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