IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090021479 


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 the following awards:

* Combat Infantryman Badge (CIB)
* Army Reserve Components Achievement Medal (ARCAM)
* Iraq Campaign Medal (ICM)
* Armed Forces Service Medal (AFSM)
* Valorous Unit Award (VUA)
* Meritorious Unit Commendation (MUC)
* Overseas Service Ribbon (OSR)
* Armed Forces Reserve Medal (AFRM)

2.  The applicant states the above awards were given to him after the DD Form 214 had been completed and issued.

3.  The applicant provides his DD Forms 214 for the periods ending 29 July 2002 and 20 March 2005, his National Guard Bureau Form 22 (Report of Separation and Record of Service), and his service awards records in support of this application.

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 in the U.S. Army Reserve (Delayed Entry Program) on 24 September 1998.  He enlisted in the Regular Army on 30 July 1999 and upon completion of initial training he was awarded military occupational specialty 11B (Infantryman).  He was released from active duty on 29 July 2002.  The DD Form 214 he was issued at the time shows the following awards:

* Army Lapel Button 
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge  

3.  On 30 July 2002, he enlisted in the Army National Guard (ARNG).  He entered active duty as a member of the 276th Engineer Battalion in support of Operation Iraqi Freedom (OIF) on 18 December 2003 and he was released from active duty on 20 March 2005.  His DD Form 214 shows he served in Iraq from 29 February 2004 to 9 February 2005 (11 months and 11 days) and it also shows the following awards.

* Army Commendation Medal 
* Army Achievement Medal (3rd award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* AFRM with "M" device
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

4.  The applicant is requesting award of the AFRM.  This award is already shown on his DD Form 214 for the period ending 20 March 2005.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

5.  He was honorably discharged from the ARNG on 20 June 2005 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged from the USAR on 26 September 2006.

6.  Combined, the applicant's Army National Guard Retirement Points History Statement and U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points show he completed 3 qualifying years (i.e.,       50 retirement points per year) for retirement during the period 30 July 2002 through 29 July 2005 with retirement years ending (RYE) on 23 September (i.e., 23 September 2003, 23 September 2004, and 23 September 2005).

7.  There is no evidence in the applicant's records that shows he was awarded or recommended for award of the ARCAM or the AFSM.

8.  The applicant requested award of the ICM to be added to his DD Form 214. On 19 July 2010, the applicant was notified by email that he was eligible for either the Global War on Terrorism Expeditionary Medal (GWOTEM), which is already shown on his DD Form 214, or the ICM for qualifying service in Iraq.  He was also advised that if he chose the ICM, the GWOTEM would be removed from his DD Form 214.  He responded and requested the ICM in lieu of the GWOTEM.

9.  Headquarters, 1st Brigade, 25th Infantry Division Order Number 049-003, dated 18 February 2005, awarded him the CIB.

10.  The 276th Engineer Battalion was awarded the VUA for the period 5 January to 15 February 2005 by U.S Army Human Resources Command (USAHRC), Alexandria, Virginia, Permanent Orders Number 241-01, dated 
29 August 2007, and the MUC for the period 2 March to 31 October 2004 by USAHRC, Permanent Orders Number 224-08, dated 11 August 2008.

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

	a.  the ARCAM is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 3 years of qualifying service.   Such years of qualifying service must have been consecutive.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.  Qualifying service for computation purposes is based only by RYE dates.

	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.  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)

	c.  service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the area of eligibility (or for the full period 
	when an operation is of less than 30 days' duration)
* 60 nonconsecutive days provided this support involves entering the 
	area of eligibility

	e.  the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, 

and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Table 3-2 of this regulation contains guidance on award of tour credit and states, in pertinent part, that in order to receive tour credit for temporary change of station/temporary duty service in isolated areas where tour lengths have not been established (Iraq/Afghanistan), a member must complete 11 cumulative months in a 24-month period or 
9 continuous months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect the awards he earned but are not shown on his DD Form 214 has been carefully reviewed.

2.  Orders show the applicant was awarded the CIB.  He is entitled to correction of his DD Form 214 to show this award.

3.  The applicant served in the ARNG from 30 July 2002 until he was honorably discharged on 20 June 2005 and transferred to the USAR.  He was honorably discharged from the USAR on 26 September 2006.  However, although he completed 3 qualifying years of service during this time, he was not in a USAR troop program unit when he was transferred to the USAR.  Therefore, because he was not in the Selected Reserve as of RYE 23 September 2005 he did not meet the regulatory criteria for award of the ARCAM. 

4.  Based on his service in Iraq, he is entitled to the ICM with two bronze service stars and the OSR.  He is entitled to correction of his DD Form 214 to show these awards.

5.  Permanent orders show the 276th Engineer Battalion was awarded the VUA and the MUC while the applicant was assigned to that unit.  Therefore, he is also entitled to have his records corrected to show these unit awards.

6.  There is no evidence that shows he was awarded or recommended for the AFSM.  Therefore, this portion of his request should be denied.

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:

	a.  deleting the GWOTEM from his DD Form 214 for the period ending 
20 March 2005; and

	b.  adding the CIB, the ICM with two bronze service stars, the OSR, the VUA, and the MUC to his DD Form 214 for the period ending 20 March 2005.

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 the AFSM and the ARCAM.



      ___________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)                                         AR20090021479



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ABCMR Record of Proceedings (cont)                                         AR20090021479



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