IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100001052 


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 the Combat Infantryman Badge (CIB).  He also requests help to find his medical records.

2.  The applicant states he did not receive his CIB that he earned while in combat in Iraq in 2006.  He did not know it was missing until he filed for Department of Veterans Affairs (VA) compensation.  He also states the Army lost his medical records and he can't prove anything without them.

3.  The applicant provides no additional documentation in support of this case.

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 Regular Army on 30 October 2003 and successfully completed basic and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  Multi-National Corps Iraq, Permanent Orders 272-029, dated 29 September 2006, awarded the applicant the Combat Infantryman Badge for service on 2 July 2006.

4.  On 15 December 2006, the applicant was honorably released from active duty (REFRAD) in the rank/grade of specialist (SPC)/E-4 after completing 3 years,
1 month, and 16 days of creditable active service with no lost time.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows that he was deployed on the following dates:

* Iraq from 1 May 2003 - 22 July 2004
* Kuwait from 14 November 2005 - 13 December 2005
* Iraq from 14 December 2005 - 8 November 2006

7.  There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal (1st award).  There is no evidence of any adverse information or a commander's disqualification for award of the Army Good Conduct Medal.

8.  The applicant's military medical records are not available for review.

9.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified.
10.  The Iraq Campaign Medal (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.  Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, issued on 16 March 2010, provides the guidance and criteria, applicability and standards on awarding and wear of campaign (service) stars on the ICM.  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

* Liberation of Iraq/19 Mar 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 Jun 2004
* Iraq Governance/29 Jun 2004 - 15 Dec 2005
* National Resolution/16 Dec 2005 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 Jan 2009 - Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant was REFRAD in the rank/grade of SPC/E-4 with over three years of creditable active service with no time lost.  There is no evidence of any adverse information or a commander's disqualification for award of the Army Good Conduct Medal contained in his records.  Therefore, it appears the applicant met the eligibility criteria for the Army Good Conduct Medal (1st award) for the period 30 October 2003 through 29 October 2006 based on completion of a period of qualifying service.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his records to show this award.

3.  The applicant met the eligibility criteria for award of four bronze service stars for wear on his already-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with four bronze service stars.

4.  The applicant requests a copy of his military medical records.  Such requests are not within the purview of this Board; however, he may request a copy of his 
available medical records from the National Personnel Records Center (NPRC), National Archives Records Administration, Records Section, 9700 Page Avenue, St. Louis, MO  63132-5100.  Requests to the NPRC may be submitted via a letter 

or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html).  He is also advised to contact his state Department of Veterans Affairs for assistance.

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 from item 13 of his DD Form 214 the Iraq Campaign Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
30 October 2003 through 29 October 2006; and

   c.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st award)
* Combat Infantryman Badge
* Iraq Campaign Medal with four bronze service stars

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 finding his medical records.



      __________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)                                         AR20100001052



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ABCMR Record of Proceedings (cont)                                         AR20100001052



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