IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021617 


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 he completed Army airborne training and that he was awarded the Army Commendation Medal, Army Good Conduct Medal (AGCM), Combat Action Badge, and Driver and Mechanic Badge.

2.  The applicant states he was awarded the Parachutist Badge, which shows he completed airborne training.  He also states he was awarded the Army Commendation Medal and Driver and Mechanic Badge.  He adds the Combat Action Badge was not authorized for award until after he was discharged; however, he qualified for the badge.

3.  The applicant provides copies of his Army Commendation Medal award documents and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 4 years on 25 June 2002.  Upon completion of training he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

3.  Alpha Forward Support Company, 528th Special Operations Support Battalion (Airborne), Fort Bragg, NC, memorandum, dated 1 February 2005, subject:  Commander's Performance Statement [Applicant's Rank, Name, and Social Security Number], shows the commander confirmed that the applicant's medical problems are traceable to his participation in airborne school in November 2002.
He states the applicant:

	a.  was attached to the John F. Kennedy Special Warfare Center, Fort Bragg, as a truck driver for special forces students;

	b.  deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom (OIF) in January 2003;

	c.  was placed on temporary physical profile in November 2003 and began seeking medical treatment; and

	d.  performed additional duties that did not require much physical exertion, such as the commander's personal driver and automation technician.

4.  The applicant's DD Form 214 shows he was honorably discharged on 9 August 2005 based on disability with severance pay.  At the time he had completed 3 years, 1 month, and 15 days of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, National Defense Service Medal, Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.

	b.  Item 14 (Military Education) shows he completed the 8-week Motor Transport Operator Course in 2002 and the 2-week Special Operations First Responder Course in 2003.

	c.  Item 18 (Remarks) shows he served in Iraq from 28 January 2003 to 18 May 2003.

5.  The applicant provides copies of a DA Form 638 (Recommendation for Award) and a DA Form 4980-14 (Army Commendation Medal Certificate) that show Headquarters, Special Operations Command (Airborne), Fort Bragg, NC, Permanent Order Number 188-03, dated 7 July 2005, awarded him the Army Commendation Medal for exceptionally meritorious service as a communications specialist from 23 January 2003 to 9 June 2005.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.

8.  There is no evidence in the applicant's military personnel records that shows he was awarded the Combat Action Badge or that he was personally present and actively engaging or being engaged by the enemy during his service in Iraq.

9.  There is no evidence in the applicant's military personnel records that shows he was awarded the Driver and Mechanic Badge.

10.  The Army Airborne (Jump) School website, available on the Internet at http://www.baseops.net/basictraining/airborne.html shows the Basic Airborne Course is a 3-week school conducted at Fort Benning, GA.  It states, "[u]pon completion of the course, Soldiers will earn the coveted jump wings [i.e., be awarded the Parachutist Badge] and be parachutist qualified."

11.  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.

12.  There is no evidence in the applicant's military personnel records that shows he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM).

13.  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 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 a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  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, or meet one of the following criteria:

	c.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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 the ICM for participation in each credited campaign.  Approved designated Iraq 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-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.

	d.  The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	e.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.

		(1)  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.

		(2)  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

	f.  The eligibility requirements for award of the Driver and Mechanic Badge for drivers require that a Soldier must:

		(1)  qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing)); and

		(2)  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft)); or

		(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

		(4)  Component bars are authorized only for the following types of vehicles and/or qualifications:  Driver-W (for wheeled vehicles), Driver-T (for tracked vehicles), Driver-M (for motorcycles), Driver-A (for amphibious vehicles), Mechanic (for automotive or allied vehicles), and Operator-S (for special mechanical equipment).

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  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.

	b.  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:

		(1)  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 and

		(2)  item 14 state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by including title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he completed airborne training and that he was awarded the Army Commendation Medal, Army Good Conduct Medal, Combat Action Badge, and Driver and Mechanic Badge.

2.  Records show the applicant's commander confirmed that he attended Airborne School in November 2002.  Records also show the applicant was awarded the Parachutist Badge.  The governing Army regulation shows award of the Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.  Thus, it is accepted that the applicant completed the Army airborne school and his DD Form 214 should be corrected to show this training.

3.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the award.

4.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal from 25 June 2002 to 24 June 2005.  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 Good Conduct Medal.  Therefore, it would be appropriate to approve the award and correct his DD Form 214.
5.  Records show the applicant was awarded the ICM and he served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, it would be appropriate to correct his DD Form 214 to show award of two bronze service stars to be affixed on his already-awarded ICM.

6.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE from 28 January to 18 March 2003.  Therefore, it would be appropriate to correct his records to show this service medal.

7.  There is no evidence of record to show he met the qualifications for award of the Combat Action Badge.  Therefore, there is an insufficient basis to correct his records in this instance.

8.  There is no evidence of record to show he met the qualifications for award of the Driver and Mechanic Badge.  Therefore, there is an insufficient basis to correct his records in this instance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATIO

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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity during the period 25 June 2002 to 24 June 2005;

	b.  deleting from item 13 of his DD Form 214 the ICM;

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st Award), ICM with two bronze service stars, and GWOTEM; and
	d.  adding to item 14 of his DD Form 214 the "Army Airborne School, 3 weeks, 2002."

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 Combat Action Badge and Driver and Mechanic 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)                                         AR20090021617



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ABCMR Record of Proceedings (cont)                                         AR20090021617



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