IN THE CASE OF:
BOARD DATE: 24 January 2011
DOCKET NUMBER: AR20100018107
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 April 2004 be corrected to show the Army Commendation Medal, Combat Action Badge, and the Iraq Campaign Medal.
2. The applicant states the above awards were not included on his DD Form 214.
3. The applicant provides copies of his:
* DD Forms 214, dated 18 November 1988 and 26 April 2004
* orders for the award of the Combat Action Badge
* certificate for the Bronze Star Medal
* certificate for the Army Commendation Medal
* DA Form 638 (Recommendation for Award), dated 16 May 2003, approving award of the Army Commendation Medal
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 applicants 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 applicants 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 U.S. Army Reserve on 20 November 1987. On 14 February 2003, he was ordered to active duty.
3. The applicant's service in Kuwait/Iraq was from 31 March 2003 to 23 March 2004.
4. The DA Form 638 dated 16 May 2003 and the certificate for the Army Commendation Medal show Permanent Order 138-06, dated 18 May 2003, awarded the applicant the Army Commendation Medal for exceptional performance of duty during the period 19 March to 1 May 2003.
5. The certificate for the Bronze Star Medal shows Permanent Order 353-012, dated 19 December 2003, awarded the applicant the Bronze Star Medal for exceptionally meritorious performance of duty during the period 2 May 2003 to
1 January 2004.
6. Headquarters, U.S. Army Civil Affairs and Psychological Operations Command, Fort Bragg, NC, Permanent Orders C024-21, dated 24 January 2006, awarded the applicant the Combat Action Badge.
7. On 26 April 2004, the applicant was released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Army Commendation Medal, CAB, or Iraq Campaign Medal. Item 24 does show he is authorized the Global War on Terrorism Expeditionary Medal.
8. Military Awards Branch Message, dated 8 April 2005, provided the following implementing instructions for award of the Iraq Campaign Medal. Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.
9. Army Regulation 600-8-22 provides that service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between
19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Army Commendation Medal, Combat Action Badge, and the Iraq Campaign Medal should be added to his DD Form 214.
2. The certificate for the Army Commendation Medal and the approved DA Form 638 contain the same order number awarding the applicant the Army Commendation Medal. Orders show he was awarded the Combat Action Badge. Therefore, these two awards should be added to his DD Form 214.
3. The applicant's DD Form 214 shows he is authorized the Global War on Terrorism Expeditionary Medal. He had only one period of service in Iraq. Therefore, he can apply to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal but he cannot receive both awards for the same period of service.
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 amending item 24 of his DD Form 214 with a separation date of 26 April 2004 to include the:
* Army Commendation Medal
* Combat Action Badge
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 the Iraq Campaign Medal.
_______ _ _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) AR20100018107
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ABCMR Record of Proceedings (cont) AR20100018107
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