IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022370 


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 the following awards:

* Iraq Campaign Medal (ICM) with one bronze service star
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Overseas Service Ribbon (OSR)
* Combat Action Badge
* Air Medal (AM)
* Any unit awards

2.  He states he is missing several awards from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awards or Authorized) of his
DD Form 214.

3.  He provides:

* his DD Form 214
* a memorandum from the National Personnel Record Center (NPRC)

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 award of the CAB and correction of his DD Form 214 to show this award.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 (ABCMR) which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the CAB must be forwarded to the U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean his application has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit his application with evidence of the U.S. Army Human Resources Command's denial of his request via a new DD Form 149 ((Application for Correction of Military Records).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military record shows he enlisted in the Regular Army on 20 June 2003.

4.  On 16 March 2007, the applicant was honorably discharged after completing 3 years, 9 months, and 27 days of creditable active duty service.  His DD Form 214 shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 the:

* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Basic Aviation Badge

* item 18 (Remarks) he served in Iraq from 12 January 2005 - 30 December 2005

5.  His official military personnel file (OMPF) contains an ARCOM certificate that show he was awarded this medal by Permanent Orders Number 364-657, issued by Headquarters, Aviation Brigade, 3rd Infantry Division, Camp Taji, Iraq, for meritorious service during the period 12 January to 27 December 2005, while assigned to Company C, 2nd Battalion, 3rd Aviation Regiment.

6.  The applicant provides an NPRC memorandum, dated 1 February 2010, that authorized shipment of the following awards:

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* ICM with 1 bronze service star
* Army Service Ribbon
* Basic Aviator Badge

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-17 contains guidance on the ICM.  It states the ICM is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A bronze service star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's service in Iraq he participated in the following two campaigns:
* 
Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)

	b.  Paragraph 2-18 contains guidance on award of the GWOTEM.  It states the GWOTEM is authorized to members who participated in the Global War on Terrorism by reasons 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.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq.  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.

	c.  Paragraph 3-16 provides guidance on award of the AM.  It states the AM is authorized in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  Paragraph 5-4 provides guidance on the award of the OSR.  It states the OSR is authorized for completion of normal overseas tours as defined in Army Regulation 614-30 (Overseas Service).  Army Regulation 614-30, Table 3-2, identifies tour completion criteria and states that in order to receive tour credit for temporary change of station/temporary duty service in isolated areas where tour lengths have not been established (Iraq/Afghanistan), a member must complete 11 cumulative months in a 24-month period or 9 continuous months.

8.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

10.  The Army Human Resources Command Military Awards Branch website listing of recently approved unit awards shows the 2nd Battalion, 3rd Aviation Regiment was awarded the Meritorious Unit Commendation for the period
5 December 2005 to 27 December 2005; however, the general orders are still pending.  Although general orders have not yet been published, the unit awards listed are authorized to be added to the Soldier's uniform/records.  Since Department of the Army General Orders are not added to a Soldier's OMPF they are not necessary to update records.

11.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for:

* item12f, enter the total amount of foreign service completed during the period covered by the report
* item 13, enter awards and decorations 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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Iraq from 12 January to 27 December 2005 for a total of 11 months and 16 days.  Therefore, item 12f of his DD form 214 should be corrected to show this period of foreign service.

2.  The applicant participated in two campaign phases during his service in Iraq.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation during his period of assignment in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant served during a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant was awarded the Iraq Campaign Medal for his service in Iraq.  Regulatory guidance states that no service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same act, achievement, or period of service.  Therefore, he is not entitled to the Global War on Terrorism Expeditionary Medal or correction of his DD Form 214 to show this award.

6.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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

	b.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  16"; and

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

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
* Meritorious Unit Commendation

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 awarding him the Air Medal and correcting his DD Form 214 to show this award or the GWOTEM.



      ___________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)                                         AR20100022370



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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