IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100023978 


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:

* Combat Action Badge
* Three awards of the Army Commendation Medal
* Army Achievement Medal

2.  The applicant states, in effect, he was awarded the requested medals.

3.  The applicant provides his DD Form 214 and orders awarding him the Combat Action Badge.

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 on 29 June 2004.  He was trained in and awarded military occupational specialty 19D (Cavalry Scout).  He served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) from 11 December 2005 to 29 November 2006.

3.  Permanent Orders Number 144-078, issued by Headquarters, Multi-National Division (Baghdad), dated 24 May 2006, awarded him the Combat Action Badge for actions on 10 March 2006.

4.  Permanent Orders Number 166-01, issued by Headquarters, 1st Brigade Combat Team, 4th Infantry Division, dated 18 June 2006, awarded him the Army Commendation Medal for meritorious achievement from 5 to 6 May 2006.

5.  Permanent Orders Number 266-02, issued by Headquarters, 7th Squadron, 10th Cavalry, dated 25 September 2006, awarded him the Army Achievement Medal for outstanding achievement on 21 September 2006.

6.  He was honorably released from active duty on 9 March 2007 and he was transferred to an Army National Guard unit in Florida.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon

7.  His records do not contain official orders awarding him two additional awards of the Army Commendation Medal.  Additionally, on 2 May 2011, a staff member of the Board attempted to contact the applicant telephonically regarding official orders for the claimed other two awards of the Army Commendation Medal.  The phone number he listed on his application was no longer in service.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  His record is void of official orders awarding him the Army Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, time lost, or suspension of favorable personnel actions which would have disqualified him from receiving the first award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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)

	b.  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 him the Army Commendation Medal, Army Achievement Medal, and the Combat Action Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Firm 214 to show these awards.

2.  The evidence of record shows he was awarded the Iraq Campaign Medal.  Additionally, he participated in two campaign phases (Iraqi Governance and National Resolution) during his service in Kuwait/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 available evidence confirms he served honorably on active duty during the period 29 June 2004 through 9 March 2007.  His records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

4.  With respect to the two additional Army Commendation Medals the applicant claims to have been awarded, there is no evidence in his records and he did not provide any evidence that shows he was awarded any additional awards of the Army Commendation Medal.  Additionally, the governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of official orders, there is insufficient evidence to correct his DD Form 214 to show any additional awards of the Army Commendation Medal.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
29 June 2004 through 9 March 2007; and

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

* Army Commendation Medal 
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* 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 adding any additional awards of the Army Commendation Medal to his DD Form 214.



      ____________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)                                         AR20100023978



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ABCMR Record of Proceedings (cont)                                         AR20100023978



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