IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026473 


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 award of the Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with one bronze service star, and the Combat Action Badge.

2.  The applicant states:

* These awards were not active until after he was discharged
* After reviewing the criteria for the medals and badge he understands he qualifies for them
* On 27 May 2010 he joined the Indiana Army National Guard (INARNG) after a 6-year break in service

3.  The applicant provides:

* Permanent orders for the Ranger Tab
* Permanent orders for the 3rd Battalion, 75th Ranger Regiment Shoulder Sleeve Insignia
* Permanent Orders for the Army Commendation Medal, Army Commendation Medal (1st Oak Leaf Cluster), and the Army Achievement Medal (2nd Oak Leaf Cluster)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)


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 Combat Action Badge.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 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.

	a.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  This request must be on a DA Form 4187 (Personnel Action) if the Soldier is currently on active duty or in an active status.  If the individual is not on active duty or in an active status, he/she may request this award by letter.  

	b.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his/her 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 

	c.  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 feel 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.

	d.  Therefore, this portion of his request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 5 September 2000.  He completed his training and he was awarded military occupational specialty 13F (fire support specialist).  He attained the rank/grade of sergeant (SGT)/E-5 on
1 July 2003.  He was honorably released from active duty on 4 September 2004 in the rank of SGT.

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

* Global War on Terrorism Service Medal
* Bronze Star Medal
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Presidential Unit Citation
* National Defense Service Medal
* Armed Forces Expeditionary Medal with Arrowhead Device
* Armed Forces Expeditionary Medal
* Army Lapel Button Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Parachutist Badge
* Ranger Tab

5.  Item 18 (Remarks) of his DD Form 214 shows he served in:

* Afghanistan from 20 June 2002 to 6 October 2002
* Iraq from 5 March 2003 to 27 April 2003
* Iraq from 30 December 2003 to 5 April 2004

6.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:


* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined

7.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal 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 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)

9.  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.  Based on his service in Afghanistan from 20 June 2002 to 6 October 2002, he is entitled to the Afghanistan Campaign Medal with one bronze service star (for participation in the Consolidation I campaign).  Therefore, his DD Form 214 should be corrected to show this award.

2.  Based on his two tours in Iraq from 5 March 2003 to 27 April 2003 and from 30 December 2003 to 5 April 2004, he is entitled to the Iraq Campaign Medal with two bronze service stars (for participation in the Liberation of Iraq and the Transition of Iraq campaigns).  Therefore, his DD Form 214 should be corrected to show this award.
3.  Permanent orders show the applicant was awarded two awards of the Army Commendation Medal; however, his DD Form 214 only shows one award.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The applicant honorably served during 4 years of active service.  He was honorably released from active duty in the rank of SGT and he received multiple personal awards during his tenure of service.  There is also no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from receiving the first award of the Army Good Conduct Medal.  As such, it appears the applicant not receiving this award was an administrative oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 5 September 2000 through
4 September 2003 and his DD Form 214 should be corrected to show this award. 

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from item 13 of his DD Form 214 the Army Commendation Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 September 2000 through 4 September 2003; and

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)


* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars



      ____________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)                                         AR20100026473



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ABCMR Record of Proceedings (cont)                                         AR20100026473



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