IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090019686 


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 that his record be corrected to show award of the Combat Infantryman Badge.  In a telephone conversation with the applicant, he indicated that although his application shows he requests the Combat Infantryman Badge, he is in fact requesting the Combat Action Badge.

2.  The applicant states that due to a clerical error, the Combat Action Badge was omitted from his DD Form 214.  He did not notice this until applying for Department of Veterans Affairs benefits.

3.  The applicant provides copies of a personal statement, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 214 (Certificate of Release or Discharge from Active Duty), a command endorsement for award of the Combat Action Badge, and an 8-page packet of military documents related to a 20 December 2003 improvised explosive device incident.

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, a career Army National Guard (ARNG) Soldier with over 30 years of active and ARNG service, was mobilization in support of Operations Enduring Freedom and Iraqi Freedom.

3.  He entered active duty on 7 February 2003 and served in Iraq from 17 April 2003 through 14 March 2004.

4.  While on patrol on 20 December 2003, the applicant's convoy was hit by an improvised explosive device and small arms fire.  One vehicle sustained significant damage, but there were no reported injuries to personnel.  In the incident reports, several statements were provided by other members of the patrol, all of which included the applicant's name as a member of the patrol.

5.  The applicant was released from active duty on 13 April 2004 upon completion of required active service.  His DD Form 214 lists his awards as the Army Good Conduct Medal, Army Reserve Components Achievement Medal (7th Award), National Defense Service Medal (3rd Award), Armed Forces Expeditionary Medal (2nd Award), Armed Forces Reserve Medal with 10-Year Device (2nd Award), Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon (3rd Award), Army Lapel Button, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  On 28 July 2004, the applicant retired from the Mississippi ARNG with 32 years, 5 months, and 15 days of total service.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists his awards as the Army Service Ribbon, Army Reserve Components Achievement Medal (7th Award), Army Reserve Components Overseas Training Ribbon (3rd Award), Armed Forces Reserve Medal (2nd Award), Army Good Conduct Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Lapel Button, Mississippi Longevity Medal (3rd Award), Mississippi Medal of Efficiency, and Mississippi War Medal.

7.  On 29 June 2006, Mississippi ARNG Permanent Orders 180-163 awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 20 December 2003.

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

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined.

	b.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 who serve 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	c.  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 from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of 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.

	d.  A bronze service star is authorized based on qualifying service for each designated campaign period a Soldier participates in to be worn on the appropriate campaign or service medal, including the Iraq Campaign Medal.  Based on the applicant's dates of service in Iraq, he is shown to have served during the following two campaign periods:  Liberation of Iraq from 19 March 2003 through 1 May 2003 and Transition of Iraq from 2 May 2003 through 28 June 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that due to a clerical error the Combat Action Badge was omitted from his DD Form 214.  He did not notice this omission until applying for Department of Veterans Affairs benefits.

2.  Permanent orders awarding him the Combat Action Badge were not published until after his release from active duty and retirement from the ARNG.  It is appropriate to include this award on his DD Form 214.

3.  The applicant served during the periods for which award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal are authorized.  It is appropriate to correct the record to show these awards.

4.  The applicant served in Iraq during two campaign periods and is authorized to wear two bronze service stars on the Iraq Campaign Medal.

5.  Based on the above facts and findings, it is appropriate to correct the applicant's records to show that in addition to the awards listed on the DD Form 214, he is also authorized the Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars, and Combat Action Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  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 showing that in addition to the awards listed on the DD Form 214, he is also authorized the Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars, and Combat Action Badge.



      ____________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)                                         AR20090019686



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ABCMR Record of Proceedings (cont)                                         AR20090019686



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