IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020660 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), Iraq Campaign Medal (ICM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Combat Action Badge, and Driver and Mechanic Badge.  He also requests his deployment in Iraq be shown on his DD Form 214.  

2.  The applicant states his DD Form 214 is not complete or accurate.

3.  The applicant provides:

* DA Form 4187 (Personnel Action)
* Two Certificates of Achievement
* Certificate of Promotion
* DD Form 214

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 Officer Record Brief (ORB) or DA Form 66 (Officer 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.

3.  The applicant enlisted in the Regular Army on 1 April 2004 and trained as a Bradley fighting vehicle system maintainer.  On 28 August 2006, he was discharged under honorable conditions (a general discharge) for misconduct (commission of a serious offense). 

4.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "0000  00  00."  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), and ASR as authorized awards.  Since his DD Form 214 shows the ASR, this portion of his request will not be discussed further in these proceedings. 

5.  There are no orders for the ARCOM, AAM, OSR, or Driver and Mechanic Badge in the available records.



6.  Section VII (Awards and Decorations) of his Enlisted Record Brief shows the NDSM, ASR, GWOTSM, and ICM.

7.  Records at the Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay during the period 11 January 2005 to 
6 January 2006 in Kuwait (total of 11 months and 26 days).

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 states the ICM 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)





11.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

12.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 
11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

13.  Army Regulation 600-8-22 provides 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)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

14.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55;

	b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft); and

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

15.  Army Regulation 600-8-22 states the eligibility requirements for mechanics require that a Soldier must: 

	a.  pass aptitude tests and complete the standard mechanic’s course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating;

	b.  be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or 

	c.  if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for a motor vehicle operators permit as prescribed above and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the ARCOM or AAM in the available records.  Therefore, there is insufficient evidence on which base award of these medals.

2.  Based on the applicant's service in Iraq from 11 January 2005 to 6 January 2006, he is eligible for the ICM with two bronze service stars and OSR.  His DD Form 214 should be corrected to show the ICM with two bronze service stars and OSR.  In addition, item 12f of his DD Form 214 should be corrected to show he served 11 months and 26 days of foreign service.

3.  There are no orders for the Driver and Mechanic Badge in the available records.  Therefore, there is insufficient evidence on which to base adding this badge to his DD Form 214.

4.  The DFAS information and the applicant's confirmation of his service in Kuwait/Iraq are accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 of 

his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 
11 January 2005 to 6 January 2006.

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.  adding the ICM with two bronze service stars and OSR to item 13 of his DD Form 214;

	b.  deleting the entry from item 12f of his DD Form 214 and replacing it with "0000  11  26"; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20050111-20060106" to item 18 of his DD Form 214.

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 award of the ARCOM, AAM, or Driver and Mechanic Badge.  



      __________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)                                         AR20100020660



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ABCMR Record of Proceedings (cont)                                         AR20100020660



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