IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000578 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Iraq Campaign Medal, Combat Action Badge, and all other decorations he may be entitled to receive. 

2.  The applicant states, in effect, that he received an Army Commendation Medal (ARCOM) for his actions during a firefight in which he provided aid to a fatally wounded comrade. 

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award) and a copy of the ARCOM award certificate. 

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's records show he enlisted in the Army National Guard (ARNG) of the United States on 4 August 1999 for a period of 6 years.  He was trained in and awarded the military occupational specialty 95B (Military Police).  

3.  On 28 January 2003, the applicant was ordered to active duty for 365 days in support of Operation Enduring Freedom (OEF).  He arrived in Kuwait/Iraq on 
9 May 2003.  On 16 December 2003, his active duty orders were amended to change his active duty end date to 8 July 2004.  

4.  The applicant provides a copy of the DA Form 638 awarding him the ARCOM for his service in Iraq.  Achievement number 4 of this forms states, "Sergeant [name omitted] displayed personal courage on three separate occasions.  While receiving enemy fire in the Baghdad area, Sergeant [name omitted] remained calm in a potentially deadly situation and led his team out of harm's way, thus ensuring the overall success of the mission." 

5.  The applicant departed Iraq on 4 August 2004.  His DD Form 214 shows he was honorably released from active duty on 18 September 2004 and awarded the ARCOM, the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with “M” Device, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Driver/Mechanic Badge.

6.  On 3 August 2007, the applicant was honorably discharged from the ARNG and transferred to the United States Army Reserve Control Group (Reinforcement). 

7.  Headquarters, Department of the Army, Washington, District of Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the Combat Infantryman Badge and the Combat Medical Badge and the Establishment of the Combat Action Badge, states, in pertinent part, that on 2 May 2005, the Chief of Staff, Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  This document provides, in pertinent part, that the Combat Action Badge may be awarded to any Soldier; however, 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; and the Soldier must not be assigned/attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The Combat Action Badge is authorized for award from 18 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 (Military Awards) states individuals authorized the Iraq Campaign Medal must have served in direct support 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.  The Iraq Campaign Medal 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. 

9.  Army Regulation 600-8-22 states a bronze service (campaign) star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  MILPER Message Number 10-078 states one bronze campaign star will be worn on the ICM for one or more days of participation in each designated campaign.  

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon 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. 

11.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal 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. 

12.  Military Personnel (MILPER) Message Number 10-078 announced campaign periods for Operation Iraqi Freedom.  Two designated campaigns coincide with the applicant's service in Iraq:  Transition of Iraq and Iraqi Governance.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and the Combat Action Badge and all other decorations that he may be authorized was carefully considered and determined to have merit. 



2.  The applicant was awarded the Army Commendation Medal during his tour in Iraq.  Achievement number 4 of the DA Form 638 clearly depicts that he was personally present and actively engaging or being engaged by the enemy while assigned to the 1775th Military Police Company.  Therefore, the Combat Action Badge should be added to his DD Form 214 for the period ending 18 September 2004.

3.  The applicant requested award of the Iraq Campaign Medal.  His DD Form 214 for the period ending 18 September 2004 already shows award of the GWOTEM.  He is not eligible for both medals for his service in Iraq.  Based upon his request, it is presumed he is requesting award of the Iraq Campaign Medal in lieu of the GWOTEM.  His records show he participated in two campaigns while serving in Iraq.  Therefore, his DD Form 214 for the period ending 18 September 2004 should be amended by deleting the GWOTEM and adding the Iraq Campaign Medal with two bronze service stars.

4.  The applicant is also eligible for award of the Overseas Service Ribbon for his 12 months of continuous service in Iraq.  Therefore, this award should be added to the DD Form 214 for the period ending 18 September 2004.

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 him the Combat Action Badge;

   b.  deleting the Global War on Terrorism Expeditionary Medal from his
DD Form 214 for the period ending 18 September 2004; and



   c.  adding the Combat Action Badge, the Iraq Campaign Medal with two bronze service stars, and one Overseas Service Ribbon to his DD Form 214 for the period ending 18 September 2004.



      _______ _   _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)                                         AR20100000578



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ABCMR Record of Proceedings (cont)                                         AR20100000578



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