IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019408 


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 records to show two awards of the Meritorious Service Medal, four awards of the Army Commendation Medal, the Iraq Campaign Medal (ICM), and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he served in Iraq from 17 April to 10 June 2003, but the ICM was never recorded as an authorized award in his records.  He also states he was awarded the Meritorious Service Medal after he retired from active duty.

3.  The applicant provides copies of a DA Form 4980-14 (The Army Commendation Medal Certificate), dated 31 January 2005; DA Form 4980-12 (The Meritorious Service Medal Certificate), dated 19 May 2006; his DD Form 214 (Certificate of Release or Discharge from Active Duty), and the award criteria for the ICM and GWOTEM.

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 and entered active duty in the Regular Army (RA) on 17 February 1985.  Upon completion of training he was awarded military occupational specialty 12B (Combat Engineer).  The applicant continued to serve in the RA and attained the rank of sergeant first class/pay grade E-7.

3.  A DA Form 4980-14 shows that Headquarters, 1st Brigade, 4th Infantry Division, Fort Hood, Texas, Permanent Orders Number 129-02, undated, awarded the applicant the Army Commendation Medal for meritorious service from 5 May 1997 to 6 July 2001.

4.  A DA Form 4980-14 shows that Headquarters, Engineer Brigade, 1st Armored Division, Permanent Orders Number 306-007, dated 1 November 2004, awarded the applicant the Army Commendation Medal for meritorious achievement from 15 July 2003 to 15 September 2004.

5.  A DA Form 4980-14 shows that Headquarters, Engineer Brigade, 1st Armored Division, Permanent Orders Number 031-003, dated 31 January 2005, awarded the applicant the Army Commendation Medal for meritorious service from 11 July 2001 to 1 November 2004.

6.  A DA Form 4980-12 shows that Headquarters, U.S., Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Permanent Orders Number 139-04, dated 19 May 2006, awarded the applicant the Meritorious Service Medal for exceptionally meritorious service from 8 May 1996 to 24 May 2006.

7.  The applicant's official Army photograph, dated 26 February 2003, shows him wearing his Class A uniform.  In the photograph he is wearing one award of the Army Commendation Medal.  He is not wearing the Meritorious Service Medal.

8.  The applicant's Enlisted Record Brief, dated 3 March 2006, shows in:

   a.  Section I (Assignment Information), Overseas/Deployment Combat Duty, that he served in Iraq from 17 April through 10 June 2003; and

   b.  Section VIII (Awards and Decorations) the Army Commendation Medal (3rd Award), Army Achievement Medal (5th Award), Presidential Unit Citation (Army), Joint Meritorious Unit Award, Army Superior Unit Award, Army Good Conduct Medal (3rd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, GWOTEM, Air Assault Badge, and Driver and Mechanic Badge.

9.  The applicant's DD Form 214 shows he entered active duty on 17 February 1995 and he was honorably retired on 24 May 2006 based on temporary disability.  At the time he had completed 11 years, 3 months, and 8 days of net active service: 

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (3rd Award), Army Achievement Medal (5th Award), Presidential Unit Citation (Army), Joint Meritorious Unit Award, Army Superior Unit Award, Army Good Conduct Medal (3rd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, GWOTEM, Armed Forces Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (2nd Award), NATO Medal, Air Assault Badge, and Driver and Mechanic Badge for Wheeled Vehicles [with "W" Bar].

   b.  Item 18 (Remarks) shows he served in Iraq from 17 April through
10 June 2003.

10.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the GWOTEM or the lCM for his service in Iraqi.  In response, the applicant indicated he would prefer award of the ICM.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.
   b.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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 ICM 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.

       (1)  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)
* Iraqi Sovereignty (1 January 2009 - date to be determined)

	    (2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

13.  Table 2-1 (DD Form 214 Preparation Instructions) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.  The instructions for completing item 13 state that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two awards of the Meritorious Service Medal, four awards of the Army Commendation Medal, and the ICM.

2.  Permanent orders awarded the applicant the Meritorious Service Medal for exceptionally meritorious service from 8 May 1996 to 24 May 2006:

   a.  There is no evidence, and the applicant provides insufficient evidence, to show he was awarded more than one award of the Meritorious Service Medal.

   b.  The applicant's DD Form 214 does not show award of the Meritorious Service Medal.  Therefore, it would be appropriate to correct his records to show one award of the Meritorious Service Medal.

3.  Permanent orders awarded the applicant the Army Commendation Medal on three separate occasions.

   a.  The applicant's official photograph shows he was wearing one award of the Army Commendation Medal at the time the photograph was taken.

   b.  Records show he received two awards of the Army Commendation Medal subsequent to the date of his official photograph.

   c.  The applicant's Enlisted Record Brief and DD Form 214 both show three awards of the Army Commendation Medal.

   d.  There is no evidence, and the applicant provides insufficient evidence, to show that he was awarded more than three awards of the Army Commendation Medal.  Therefore, there is no basis for correcting his military service records in this instance.

4.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Iraq).  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq:

   a.  The applicant requests award of the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

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 item 13 of his DD Form 214 the Meritorious Service Medal and ICM with two bronze service stars.

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 two awards of the Meritorious Service Medal and four awards of the Army Commendation 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)                                         AR20090019408



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ABCMR Record of Proceedings (cont)                                         AR20090019408



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