IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013451 


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:

* Add an award of the Valorous Unit Award (VUA)
* Add his two awards of the Army Commendation Medal
* Add his award of the Army Achievement (AAM)
* Add his two Certificates of Achievement
* Replace his award of the Global War on Terrorism Expeditionary Medal (GWOTEM) with the Iraq Campaign Medal (ICM) with two bronze service stars

2.  The applicant states his awards were not included on his DD Form 214 at the time of his discharge and the ICM was authorized after his discharge.

3.  The applicant provides:

* A copy of his DD Form 214 
* A copy of his assignment orders to the 43d Engineer Company
* A copy of his unit’s deployment orders
* A copy of the VUA
* A copy of his AAM
* Copies of his two awards of the ARCOM
* Copies of two Certificates of Achievement


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 initially enlisted in the Regular Army on 31 August 1989.  He served a tour in Korea and he was awarded the Overseas Service Ribbon (OSR) for that tour.  He was honorably released from active duty on 4 December 1991 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  He again enlisted in the Regular Army on 15 November 2001 and served as a combat engineer with the 43d Engineer Company, 2d Squadron, 3d Armored Cavalry Regiment at Fort Carson, Colorado.

4.  He was promoted to the pay grade of E-5 on 1 April 2003 and he deployed to Iraq/Kuwait with his unit from 7 April 2003 to 19 March 2004.  He participated in the Liberation of Iraq and the Transition of Iraq Campaigns and his unit was awarded the VUA for the period of 25 April 2003 to 18 September 2003.

5.  On 16 August 2004, he was honorably discharged to attend school.  He had served 2 years, 9 months, and 2 days of active service during his current enlistment for a total of 5 years and 6 days of total active service.  His DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, GWOTEM, Global War on Terrorism Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.  His award of the OSR from his prior service DD Form 214 was omitted from this DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain 
qualified for that medal.  Upon application, any such service member may be 


awarded the ICM 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.

7.  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 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004 
* Iraq 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

8.  Army Regulation 635-5 (Separation Documents), in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) 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.

10.  Army Regulation 600-8-22 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 Army Commendation Medal.

11.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 


11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an isolated area where a tour length has not been established by the Department of Defense (DOD); therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS status.  Overseas tour lengths can be found at
Table 1, Appendix Q, Joint Federal Travel Regulations (JFTR), Volume 1; however, there is no designated tour length for Iraq listed.”

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals, beginning with Numeral 2, are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was awarded the VUA during the period he served with the unit in support of Operation Iraqi Freedom.  Accordingly, he is entitled to correction of his DD Form 214 to show this unit award.

2.  He was also awarded the ARCOM (1st oak leaf cluster) and the AAM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant was awarded the GWOTEM; however, he now elects to have that award replaced with the ICM.  Accordingly, the applicant's GWOTEM should be replaced with the ICM with two bronze service stars.

4.  The applicant served a complete tour in Korea during his prior enlistment period.  Therefore, he is entitled to the KDSM and correction of his DD Form 214 to show this award.

5.  The applicant was awarded the Overseas Service Ribbon for a qualifying period of service in Korea on his first enlistment which is not shown on his DD Form 214 for the period ending 16 August 2004.  He also served a qualifying 
period of service in Iraq/Kuwait for the 2nd award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show the Overseas Service Ribbon with Numeral 2.

6.  With respect to the applicant's two Certificates of Achievement, commanders may recognize acts, achievements, or periods of faithful service which do not 


meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a Certificate of Achievement of local design.  Although copies of Certificates of Achievement or memoranda of record stating that a Certificate of Achievement has been awarded will be filed in the Official Military Personnel File (OMPF), there is no distinguishing device authorized for wear to indicate the receipt of a Certificate of Achievement and there is no provision to list a Certificate of Achievement on the DD Form 214.  

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 for the period ending 16 August 2004 the Global War on Terrorism Expeditionary Medal; and

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

* Army Commendation Medal (1st oak leaf cluster)
* Army Achievement Medal
* Iraq Campaign Medal with 2 bronze service stars
* Korea Defense Service Medal
* Overseas Service Ribbon with Numeral 2

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 adding his two Certificates of Achievement to his DD Form 214.



3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100013451



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ABCMR Record of Proceedings (cont)                                         AR20100013451



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