BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100007243 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Combat Action Badge (CAB)
* Bronze Star Medal (BSM)
* Meritorious Service Medal (MSM) (2nd Award)
* Joint Service Achievement Medal (JSAM)
* Joint Service Commendation Medal (JSCM)
* Gold Recruiter Badge
* Army Achievement Medal (AAM) (3rd Award)
* Army Commendation Medal (ARCOM) (3rd Award)
* German Army Marksmanship Award

2.  The applicant states his retirement request was processed when he was in Iraq and after he redeployed he out-processed only to discover when he received his DD Form 214 that it had many missing awards.  He states that at the time he did not have the supporting documents needed for the corrections.

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* BSM Certificate, dated 26 March 2006
* MSM Certificates, dated 26 February 2004 and 9 July 2006
* JSAM Certificate, dated 18 March 2006
* JSCM, dated 16 January 2006
* Gold Recruiter Badge orders, dated 6 January 1977
* AAM orders, dated 6 April 1990, 22 August 1990, and 20 November 1990
* ARCOM Certificates and orders, dated 18 February 1998, 31 July 1989, and 14 December 1992
* German Army Marksmanship Badge Certificate, dated 19 October 2002

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 record shows he was honorably retired on 31 July 2006 in the rank of sergeant first class/E-7 after completing 22 years, 6 months, and 28 days of active military service.  It further shows he served in Iraq in support of Operation Iraqi Freedom from 27 March 2005 through 26 March 2006.

3.  The applicant's official military personnel file (OMPF) contains the following award orders and certificates:

* BSM Certificate, dated 26 March 2006
* MSM Certificates and orders, dated 26 February 2004 and 9 July 2006
* JSAM orders, dated 24 March 2006
* JSCM orders, dated 22 January 2006
* CAB orders, dated 19 March 2006
* Gold Recruiter Badge and Gold Recruiter Badge with one sapphire achievement star orders, dated 6 January 1997 and 27 March 1997
* AAM orders, dated 6 April 1990, 22 August 1990, and 20 November 1990
* ARCOM Certificates and orders, dated 18 February 1998 and 31 July 1989
* German Army Marksmanship Badge Certificate, dated 19 October 2002

4.  The DD Form 214 issued to the applicant upon his retirement shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* MSM
* ARCOM
* AAM
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Driver and Mechanic Badge with Mechanic Bar
* Basic Marksmanship Qualification Badge
* Air Assault Badge
* Recruiter Badge

5.  Army Regulation 635-5 (Separation Documents) prescribes the documents prepared for Soldiers upon their release from active duty, discharge, or retirement.  It also establishes the policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparation of the DD Form 214.  The instructions for item 13 state to enter all awards earned during military service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on award of the ICM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment, participation credit was granted for the Iraqi Governance and National Resolution campaigns.

7.  Paragraph 8-43 of Army Regulation 600-8-22 contains guidance on award of U.S. Army Recruiter Identification Badges.  It states the Gold Recruiter Badge is authorized for is authorized for wear by eligible personnel meeting the criteria established by the Commanding General of the U.S. Army Recruiting Command.  It further states that one, two, or three sapphire achievement stars may be awarded to eligible personnel meeting the criteria established for each achievement star by the Commanding General.  These stars will be affixed to the gold badge.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the awards in question should be added to his DD Form 214 has been carefully considered and found to have merit.  By regulation, all earned awards will be included in item 13 of the DD Form 214.

2.  The applicant's OMPF contains orders and certificates authorizing all the awards in question.  Therefore, these awards should be added to item 13 of his DD Form 214.

3.  Further, based on established regulatory guidance and the applicant's campaign participation in Iraq, he is also eligible for two bronze service stars with his ICM.  In addition, his record confirms he was awarded one sapphire achievement star with his Gold Recruiter Badge.  Therefore, it would also be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending item 13 of his DD Form 214 by deleting the ICM entry and adding the following awards:

* BSM
* MSM (2nd Award)
* JSCM
* JSAM
* ARCOM (3rd Award)
* AAM (3rd Award)
* ICM with two bronze service stars
* CAB


* Gold Recruiter Badge with one sapphire achievement star
* German Army Marksmanship Award



      ____________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)                                         AR20100007243



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings