IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024235


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 Iraq Campaign Medal (ICM), the Global War on Terrorism Service Medal (GWOTSM), and the Combat Infantryman Badge (CIB).

2.  The applicant states that these awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a memorandum for record from Headquarters, 173rd Airborne Brigade, dated 18 September 2003.

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 records show he enlisted in the Regular Army, for a 3-year period, on 3 August 2000.  He completed training and he was awarded military occupational specialty 11B (Infantryman).  He was assigned to the 74th Infantry Detachment (Long Range Surveillance), 173rd Airborne Brigade, Vincenza, Italy.

3.  On 30 October 2003, he enlisted in the Tennessee Army National Guard (TNARNG).

4.  On 20 December 2003, he was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required active service.  He was transferred to Troop F, 2nd Battalion, 278th Armored Cavalry Regiment, TNARNG.  His DD Form 214 shows he completed   3 years, 4 months, and 18 days of net active service, including 2 years,               9 months, and 10 days of foreign service. 

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

6.  Item 18 (Remarks) of his DD Form 214 contains the entry "Service in Iraq from 20030324 to 20030918."

7.  His records do not contain official orders awarding him the CIB.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 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.  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)

9.  Army Regulation 600-8-22 provides, in pertinent part, that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after                    11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

11.  A review of his available record indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  Permanent Orders 304-08, Headquarters, 173rd Airborne Brigade, dated     31 October 2002, awarded him the Army Achievement Medal (AAM).

13.  His record is void of official orders awarding him the Army Good Conduct Medal for his first period of active service (3 August 2000 through 2 August 2003).  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions which would have disqualified him from receiving his first award of the Army Good Conduct Medal.
 
14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Good Conduct Medal (AGCM) 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 AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the ICM and the GWOTSM was carefully considered and was determined to have merit.

2.  The evidence of record shows he served in Iraq from 24 March 2003 to        18 September 2003; therefore, he served a qualifying period of service for award of the ICM and he is entitled to correction of his records to show this award.  Additionally, he participated in the Liberation of Iraq and the Transition of Iraq campaigns during his service in Iraq; accordingly, he is entitled to award of two bronze service stars to be affixed to the ICM.

3.  The evidence of record shows he served a qualifying period for award of the GWOTSM, which is not shown in his records; therefore, he is entitled to correction of his records to show this award.

4.  Permanent orders awarded him the AAM, which is not shown in his records; therefore, he is entitled to correction of his records to show this award.

5.  The available evidence confirms he served honorably on active duty during the period 3 August 2000 through 2 August 2003.  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.

6.  The applicant held an infantry MOS.  However, his records do not contain permanent orders awarding him the CIB.  Additionally, there is no evidence in the available records, and he did not submit sufficient evidence, that shows he was personally present and under hostile fire while serving, in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy.  Absent such evidence, there is insufficient basis to grant relief in this case.






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 awarding him the Army Good Conduct Medal (1st Award), and by amending  item 13 of his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal (with 2 bronze service stars)
* Global War on Terrorism Service Medal
* Army Achievement Medal.

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 CIB. 



      __________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)                                         AR20100023749



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ABCMR Record of Proceedings (cont)                                         AR20100024235



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