BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100022281 


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 award of the Combat Infantryman Badge, Iraq Campaign Medal (2nd Award) [properly known as the Iraq Campaign Medal with two bronze service stars], and Overseas Service Ribbon.

2.  He states, in effect, orders show he is authorized the Combat Infantryman Badge and the awards regulation and a military personnel message authorized him the addition of two bronze service stars to be affixed to his Iraq Campaign Medal for his service during the Iraq National Resolution campaign.  He is also authorized the Overseas Service Ribbon due to being medically evacuated out of Iraq.  He is a permanently-disabled retiree from Operation Iraqi Freedom after sustaining a severe traumatic brain injury.

3.  He provides:

* Combat Infantryman Badge orders
* reassignment orders
* DD Form 214
* permanent retirement orders
* Army Regulation 614-30 (Overseas Service), Table 3-2

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's military records show he enlisted in the U.S. Army Reserve Delayed Entry Program on 4 March 2004.  He enlisted in the Regular Army in pay grade E-1 on 6 April 2004 for 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (infantryman).

3.  Permanent Orders Number 056-01 issued by Headquarters, Multi-National Division (Baghdad), on 24 February 2006 awarded him the Combat Infantryman Badge for participating in ground combat operations under enemy hostile fire to liberate Iraq on 28 January 2006.

4.  He was honorably retired in pay grade E-4 on 13 July 2006 for temporary disability and placed on the Temporary Disability Retired List.

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

* Purple Heart
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Air Assault Badge

6.  Item 18 (Remarks) of his DD Form 214 contains the entry, "SERVICE IN IRAQ 20051028-20060128," a period of 3 months and 1 day.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service.

7.  He was permanently retired in pay grade E-4 on 3 November 2009 with a 100-percent disability rating.

8.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 
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 Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the Iraqi Governance (29 June 2004-15 December 2005) and National Resolution (16 December 2005-9 January 2007) campaigns.

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon 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.

11.  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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.  Rules 6 and 8 of table 3-2, Army Regulation 614-30, apply.

12.  Army Regulation 614-30 prescribes the policies pertinent to overseas eligibility for overseas service criteria.  Table 3-2 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas/Date Returned from Overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour and the curtailment is for the convenience of the government and through no request from or fault of the Soldier.

13.  Army Regulation 614-30, table 3-2, states Soldiers serving in temporary change of station (TCS), temporary duty (TDY), or permanent change of station (PCS) status overseas and evacuates to and is hospitalized in the continental United States (CONUS) are entitled to credit for a completed tour and award of a new DROS when the cause of evacuation is one or more of the following:

* wounds resulting in from enemy or hostile action
* injury determined to be in the line of duty
* disease determined to be in the line of duty
* aggravation of one of the above previously existing conditions

14.  Army Regulation 614-30, table 3-2, also states Soldiers serving in TCS, TDY, or PCS status in a hostile fire/imminent danger area, who evacuate to and are hospitalized for 30 or more days outside the area due to a specific hostile fire action, and are reassigned to CONUS prior to completion of the normal overseas tour are entitled to credit for a completed tour and award of a new DROS.

15.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence of record shows he served in Iraq from 28 October 2005 through 28 January 2006 during two campaigns.  Therefore, he is entitled to the addition of two bronze service stars to be affixed to the Iraq Campaign Medal to denote his campaign participation.

3.  The evidence of record also shows he met the criteria for award of one Overseas Service Ribbon.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

4.  The evidence of record appears to show the applicant met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for his honorable period of service from 6 April 2004 through 13 July 2006 and correction of his DD Form 214 to show this award.

5.  During this review of his records, it was discovered that item 12f of his DD Form 214 shows no foreign service.  The evidence confirms he served in Iraq from 28 October 2005 through 28 January 2006, a period of 3 months and 1 day. 
Therefore, he is entitled to correction of item 12f of his DD Form 214 to show a credit of 3 months and 1 day.

6.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

___x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 April 2004 through 13 July 2006,

	b.  replacing the entry in item 12f of the applicant's DD Form 214 with "0000  03  01,"

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon


	d.  providing him a document to show the above corrections.



      __________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)                                         AR20100022281



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ABCMR Record of Proceedings (cont)                                         AR20100022281



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