IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021853 


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 the Army Commendation Medal, Combat Medical Badge, and his current address.

2.  The applicant states that when he submitted his DD Form 214 to the Department of Veterans Affairs to obtain a home loan, he noticed some of his awards were not recorded on the document.  He also states he has moved to Bowling Green, Kentucky, since he separated from active duty.

3.  The applicant provides copies of two award documents.

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 enlisted in the Regular Army for a period of 2 years on 15 January 2003.  Upon completion of training he was awarded military occupational specialty 91W (Health Care Specialist).  He was promoted to specialist (E-4) on 1 September 2004.

3.  The applicant's military personnel records do not contain a copy of his Personnel Qualification Record or Enlisted Record Brief.

4.  The applicant's DD Form 214 shows he entered active duty on 15 January 2003, was honorably released from active duty on 30 April 2006 for completion of required service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years, 3 months, and 6 days of net active service during this period.

	a.  Item 7b (Home of Record at Time of Entry) shows "XXXX B____ Drive, Lawerenceburg, Kentucky  40342."

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Iraq Campaign Medal.

	c.  Item 18 (Remarks) shows he served in Kuwait/Iraq from 18 January 2005 to 13 January 2006.  It also shows he was retained in service for 471 days for the convenience of the government.

	d.  Item 19a (Mailing Address after Separation) shows "XXXX S____ Road, Lafayette, Tennessee  37083."

5.  There is no evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal or Combat Medical Badge.

6.  The applicant provides the following documents:

	a.  Headquarters, 2nd Brigade Combat Team, 28th Infantry Division (Mechanized), Camp Ramadi, Iraq, Permanent Orders 328-009, dated 24 November 2005, awarded the applicant the Combat Medical Badge while he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 69th Armor, 2nd Brigade Combat Team, 28th Infantry Division (Mechanized), for being personally present and under fire while the unit was engaged in active ground combat with enemy forces on 3 October 2005.

	b.  The reverse side of a DA Form 638 (Recommendation for Award) shows Headquarters, 2nd Brigade, 28th Infantry Division (Mechanized), Camp Ramadi, Iraq, Permanent Order Number 352-002, dated 19 December 2005, awarded the applicant the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom (OIF) while he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 69th Armor, Camp Corregidor, Iraq.

7.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.

8.  There is no evidence the applicant was awarded the Army Good Conduct Medal.

	a.  There is no adverse information in the applicant's military personnel records.

	b.  There is no evidence the applicant's commanding officer denied the applicant award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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.

		(1)  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.

		(2)  Appendix B shows that during the applicant's service in Kuwait/Iraq from 18 January 2005 to 13 January 2006, participation credit was awarded for the Iraqi Governance (29 June 2004-15 December 2005) and National Resolution (16 December 2005-9 January 2007) campaigns.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.

	a.  Item 7b shows to enter the street, city, state and zip code listed as a Soldier’s home of record.  Home of record is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.  This cannot be changed unless there is a break in service of at least 1 full day.  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier's career.

	b.  Item 13 shows that awards and decorations will be listed for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	c.  Item 19a shows this information will be provided by the Soldier at the time of separation and will be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal, Combat Medical Badge, and his current address.

2.  The applicant states his address has changed since his separation from active duty.  The intent of the DD Form 214 is to list the individual's address at the time of entry and separation.  Therefore, there is no basis to correct his DD Form 214 to show an address obtained after his separation from active duty.

3.  The evidence of record shows:

	a.  Permanent orders awarded the applicant the Army Commendation Medal and Combat Medical Badge.

	b.  The applicant qualified for award of the ICM and he served in two campaigns during his service in Iraq.  Thus, he is entitled to two bronze service stars for wear on his already-awarded ICM.

	c.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.

		(1)  In addition to the awards and decorations he received, he was promoted to specialist (E-4) with less than 20 months of active service.

		(2)  There is no evidence the applicant's commander denied the applicant award of the Army Good Conduct Medal.

		(3)  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his authorized awards and decorations as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 15 January 2003 through 14 January 2006;

	b.  deleting from item 13 of his DD Form 214 the Iraq Campaign Medal; and

	c.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, and Combat Medical Badge.

2.  The Board further determined 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 his address.



      _____________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)                                         AR20100021853



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ABCMR Record of Proceedings (cont)                                         AR20100021853



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