BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20090021253 


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 award of the Army Commendation Medal, Afghanistan Campaign Medal, and Combat Infantryman Badge.

2.  The applicant states he was assigned to the 1st Platoon, Company A,
2nd Battalion, 22nd Infantry, 10th Mountain Division, and served in Afghanistan in support of Operation Enduring Freedom from August 2003 to May 2004.  He states he was awarded the Army Commendation Medal and Combat Infantryman Badge, but the awards were not entered on his DD Form 214.  He also states he qualified for award of the Afghanistan Campaign Medal.

3.  The applicant provides copies of his travel orders, award documents, 
DD Form 214, drivers license, military identification card, and Department of Veterans Affairs identification card.

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 for a period of 3 years on 17 September 2001.  Upon completion of training he was awarded military occupational specialty 11B (Infantryman).

3.  A DD Form 214 shows the applicant was honorably released from active duty on 16 September 2004 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, and Army Lapel Button.

   b.  Item 18 (Remarks) shows he served in Afghanistan from 31 July 2003 to
7 May 2004.

4.  There is no evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal, Combat Infantryman Badge, or Afghanistan Campaign Medal.

5.  In support of his request the applicant provides the following documents:

   a.  NATO Travel Orders, Serial Number 07-495, that show the applicant was authorized to depart Fort Drum, NY, on 1 August 2003 to travel to Afghanistan in support of Operation Enduring Freedom.  He had an expected date of return of
3 August 2004.

   b.  A DA Form 638 (Recommendation for Award) and DA Form 4980-14 (Army Commendation Medal Certificate) that show Headquarters, 1st Brigade Combat Team, Fort Drum, NY, Permanent Order Number 264-06, dated
20 September 2004, awarded the applicant the Army Commendation Medal for meritorious service from 17 January 2001 to 16 September 2004.

   c.  Headquarters, Combined/Joint Task Force - 180, Operation Enduring Freedom, Bagram Airfield, Afghanistan, Permanent Orders 311-004, dated
7 November 2003, awarded the applicant the Combat Infantryman Badge for his engagement in active ground combat from 30 August to 21 October 2003.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm that he preferred award of the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in support of Operation Enduring Freedom.  In response, he indicated his preference for award of the Afghanistan Campaign Medal (with 1 bronze service star).

7.  A review of the applicant's military personnel records reveals that he may be authorized an additional award that is not shown on his DD Form 214.

8.  There is no evidence in the applicant's military personnel records that shows he received the first award of the Army Good Conduct Medal.  There is also no evidence of any adverse information or that he was disqualified for the award.

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

   a.  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.

	b.  The Afghanistan Campaign Medal (ACM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) encompasses all land area of the country of Afghanistan and all air spaces above the land area.  The ACM period of eligibility is on or after 24 October 2001 to a date to be determined by the Secretary of Defense or the cessation of OEF:

   (1)  A bronze service star is authorized for wear with the ACM for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

 * Liberation of Afghanistan (11 September - 30 November 2001)
 * Consolidation I (1 December 2001 - 30 September 2006)
 * Consolidation II (1 October 2006 - date to be determined)
 
	    (2)  only one award of the ACM may be authorized for any individual.  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ACM in lieu of the GWOTEM for such service.

10.  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.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal, Afghanistan Campaign Medal with 1 bronze service star, and Combat Infantryman Badge because he served in support of Operation Enduring Freedom and is entitled to the awards.

2.  Permanent orders awarded the applicant the Army Commendation Medal. Therefore, it would be appropriate to correct his records to show the award.

3.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  There is no evidence of any adverse or disqualifying information or that he was denied the award.  As such, the applicant qualified for the first award of the Army Commendation Medal.  Therefore, it would be appropriate to approve the award and correct his DD Form 214.

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., Afghanistan).  Records also show the applicant qualified for award of the ACM in lieu of the GWOTEM based on his service in support of OEF.

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

   b.  The applicant's records show he served in Afghanistan during the Consolidation I campaign.

   c.  Therefore, it would be appropriate to correct his records to show award of the ACM with 1 bronze service star.

5.  Permanent orders awarded the applicant the Combat Infantryman Badge. Therefore, it would be appropriate to correct his records to show the badge.

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 the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity during the period 17 September 2001 to 16 September 2004;

	b.  deleting from item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal; and
   
   c.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st Award), Afghanistan Campaign Medal with
1 bronze service star, and Combat Infantryman 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)                                         AR20090021253



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ABCMR Record of Proceedings (cont)                                         AR20090021253



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