IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100008759 


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 a 3rd award of the Army Commendation Medal, Sapper Tab, Iraq Campaign Medal (ICM) with two bronze service stars, and the Combat Action Badge.

2.  The applicant states:

* he was awarded three awards of the Army Commendation Medal but his DD Form 214 only shows two awards
* he received orders awarding him the Sapper Tab after his release from active duty
* he went to Kuwait in support of Operation Enduring Freedom in March 2003 and then to Iraq during the initial occupation of Iraq

3.  The applicant provides:

* Permanent Orders for the Sapper Tab
* deployment orders
* approved DA Form 638 (Recommendation for Award)
* Army Commendation Medal certificate for the period 23 September 1992 to 10 October 2004
* letter from the National Personnel Records Center, St. Louis, MO, dated 29 January 2010
* DD Form 214 for the period ending 10 October 2004

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 requested correction of his records to show award of the Combat Action Badge.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  This award may be requested by letter.  All requests must contain the following:

   a.  assignment, attachment, or operational control orders;

   b.  a copy of the Soldier's Enlisted Record Brief or DA Form 2-1 (Personnel Qualification Record)

   c.  a copy of the chain of command endorsement

   d.  a one-page narrative description of the qualifying incident

   e.  a certified copy of the DD Form 214; and

   f.  supporting documentation.  The applicant is required to exhaust all administrative remedies.

Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 23 September 1992 and trained as a combat engineer and bridge crewmember.  He remained on active duty through continuous reenlistments.  He served in Kuwait/Iraq from 28 February 


2003 to 10 February 2004.  On 10 October 2004, the applicant was honorably discharged.  He enlisted in a Kentucky Army National Guard unit.

4.  Item 13 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Achievement Medal (4th Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (4th Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal
* Kosovo Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* North Atlantic Treaty Organization Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Overseas Service Bar (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* Driver and Mechanic Badge with Driver-T [for tracked vehicles] Bar

5.  Permanent Orders 033-6, issued by the 9th Engineer Battalion, 1st Infantry Division, Germany, dated 2 February 2000, awarded the applicant the Driver and Mechanic Badge with Driver-W [for wheeled vehicles) Bar for the period November 1998 to November 1999.

6.  Permanent Orders 053-5, issued by the 1st Infantry Division Engineer Brigade, Iraq, dated 22 February 2002, awarded the applicant the Army Commendation Medal for meritorious service during the period 10 April 1998 to
1 April 2002.

7.  Permanent Orders 019-049D, issued by Headquarters, 101st Airborne Division, dated 19 January 2004, awarded the applicant the Army Commendation Medal for meritorious service during the period 20 March 2003 to 15 December 2003.



8.  Permanent Orders Number 258-007, issued by Headquarters, 1st Brigade Combat Team, Fort Campbell, KY, dated 14 September 2004, awarded the applicant the Army Commendation Medal with 2nd Oak Leaf Cluster for meritorious service during the period 23 September 1992 to 10 October 2004.

9.  Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, Permanent Orders 300-18, dated 26 October 2004, awarded the applicant the Sapper Tab for the period 3 November 2002 to 2 December 2002.

10.  On 7 September 2010, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the ICM for qualifying service in recognition of his service in Iraq.  On 7 September 2010, he responded and requested award of the ICM for his service in Iraq in lieu of the GWOTEM.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 states the ICM is awarded to members who have service in direct support of 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 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.  The permanent orders awarding the applicant the Army Commendation Medal with 2nd Oak Leaf Cluster [which denoted a 3rd award] for meritorious service during the period 23 September 1992 to 10 October 2004 is accepted as sufficient evidence in which to amend his DD Form 214 to show a 3rd award of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal (3rd Award).

2.  Permanent Orders 300-18 awarded the applicant the Sapper Tab.  Therefore, his DD Form 214 should be corrected to show this tab.

3.  Based on the applicant's service in Iraq from 28 February 2003 to 10 February 2004 and his request for the ICM in lieu of the GWOTEM, he is eligible for award of the ICM with two bronze service stars.  As a result, the GWOTEM should be removed from his DD Form 214 and the ICM with two bronze service stars should be added to his DD Form 214.

4.  Permanent Orders 033-6 awarded the applicant the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected 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.  deleting from item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and Army Commendation Medal (2nd Award); and


	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal (3rd Award), Iraq Campaign Medal with two bronze service stars, Sapper Tab, 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)                                         AR20100008759



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ABCMR Record of Proceedings (cont)                                         AR20100008759



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