BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100007116 


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 his awards of the Army Commendation Medal (3rd award), Army Good Conduct Medal (2nd award), Iraq Campaign Medal with two bronze service stars, and the Korea Defense Service Medal.

2.  The applicant states that due to errors and omissions at the time of his separation and recent changes in regulations, his DD Form 214 does not properly show his awards.

3.  The applicant provides copies of his DD Form 214, three orders for the Army Commendation Medal, two orders for the Army Good Conduct Medal, an order for award of the Driver's Badge, and orders showing his assignment to Korea.

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 8 March 1994 and served continuously on active duty until 21 January 2004, at which time he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  The record contains orders for award of three Army Commendation Medals:

* 2nd Brigade, 2nd Infantry Division, Korea, Permanent Orders Number 214-01, dated 10 July 1995, for meritorious service while serving as the company commander’s driver and unit mail clerk during the period 17 July 1994 to 17 July 1995
*  3rd Brigade, 4th Infantry Division, Fort Carson, CO, Permanent Orders Number 153-19, dated 2 June 1998, for meritorious service during the period 1 August 1995 to 17 July 1998
* 2nd Brigade, 1st Armor Division, Germany, Permanent Orders Number 249-01, dated 25 September 2001, for meritorious service during the period 18 October 1998 to 18 October 2001

4.  2nd Brigade, 2nd Infantry Division, Permanent Orders 249-10, dated 9 November 1995, awarded the applicant the "Driver's Badge" (properly called the Driver and Mechanic Badge) for the attainment of a high degree of skill in the operation and maintenance of motor vehicles.

5.  A review of the official unit history for the 2nd Brigade, 2nd Infantry Division shows it was assigned to duty in South Korea during the period of the applicant's service.

6.  The record contains orders for award of two Army Good Conduct Medals:

* 4th Personnel Services Battalion, Permanent Orders 071-1620, dated
12 March 1997, for the period 18 March 1994 to 17 March 1997
* Alpha Detachment, 90th Personnel Services Battalion, Permanent Orders 118-1, dated 27 April 2000, for the period 3 March 1997 to 2 March 2000

7.  His DD Form 214 provides the following pertinent information:

	a.  9 years, 10 months, and 21 days of creditable active service with 4 years, 11 months, and 10 days of foreign service;

	b.  service in Kuwait from 25 October 1995 through 15 December 1995 and from 1 August 1997 through 1 December 1997;

	c.  service in Kosovo from 26 November 2000 through 5 June 2001;

	d.  service in Iraq from 3 April 2003 through 21 October 2003, and

	e.  award of the Army Commendation Medal (2nd award), Army Achievement Medal (6th award), Army Good Conduct Medal, National Defense Service Medal (2nd award), Kosovo Campaign Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal with one bronze service star, Noncommissioned Officer Professional Development Medal with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (2nd award), Expert Marksmanship Qualification Badge with Rifle Bar, Combat Infantryman Badge, Expert Infantryman Badge, and the NATO Medal.

8.  The record contains no indication of any derogatory or disciplinary actions or a commander's disqualification for the Army Good Conduct Medal during the applicant's active duty tenure.

9.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	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 Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander to provide written notice of disqualification and permits the individual to respond;

	b.  the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM;

	c.  the Iraq Campaign Medal 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 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.  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)

	d.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense; and 

	e.  for award of the Driver and Mechanic Badge 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that due to errors and omissions at the time of his REFRAD and recent changes in regulations, his DD Form 214 does not properly show his awards.

2.  The record contains orders for award of three Army Commendation Medals, while his DD Form 214 only reflects two awards.  Therefore, his DD Form 214 should be corrected to show three awards.

3.  The record contains orders for award of two Army Good Conduct Medals while his DD Form 214 only reflects one award.

4.  Additionally, the applicant's record contains no indication of any nonjudicial punishments, adverse actions, or a written notice of nonfavorable consideration during the 3-year period following the award of his second Army Good Conduct Medal.  Based on no disqualifying entries the applicant is qualified for a third award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the third award of the Army Good Conduct Medal for the period 3 March 2000 through 2 March 2003 and correct his DD Form 214 to show this award.

5.  The applicant served in Korea during the period of entitlement to the Korea Defense Service Medal.  Therefore, he is entitled to this award and correction of his DD Form 214 to show this award.

6.  The applicant is shown to have served in Iraq during the Liberation of Iraq (19 March 2003 - 1 May 2003) and the Transition of Iraq (2 May 2003 -28 June 2004) campaigns.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

7.  The applicant served during a period for which the Global War on Terrorism Service Medal is authorized.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

8.  The applicant's award of the Driver and Mechanic Badge was omitted from his DD Form 214.  While the specific component bar for the applicant's award of the Driver and Mechanic Badge is not noted on the orders, based on the verbiage of these orders and the fact that he was award an Army Commendation Medal as the company commanders driver during the same period of service, it appears this award should be the Driver and Mechanic Badge with Driver-W Bar. Therefore, he is entitled to correction of his DD Form 214 to show this 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 him the Army Good Conduct Medal (3rd award) for the period
3 March 2000 through 2 March 2003;

	b.  deleting from item 13 of his DD Form 214 the Army Commendation Medal (2nd award) and Army Good Conduct Medal; and

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal (3rd award), Army Good Conduct Medal (3rd award), Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Korea Defense Service Medal, and the Driver and Mechanic Badge with Driver-W Bar.



      __________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)                                         AR20100007116



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings