BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028570 


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:

* Army Commendation Medal
* Combat Infantryman Badge
* Valorous Unit Award

2.  The applicant states the requested awards were not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award) and certificate showing award of the Army Commendation Medal
* Memorandum and certificate awarding his unit the Valorous Unit Award
* Orders awarding him the Combat Infantryman 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's records show he enlisted in the Regular Army on 1 November 2001 and he held military occupational specialty 11B (Infantryman).  He served in Kuwait/Iraq from 11 April 2003 to 10 April 2004.  He was assigned to the
2nd Battalion, 8th Infantry.

3.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 31 October 2004 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  

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

* Army Lapel Button
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* National Defense Service Medal
* Army Service Ribbon

5.  Permanent Order Number 010-74, issued by Headquarters, 2nd Brigade,
4th Infantry Division, dated 19 January 2004, awarded him the Army Commendation Medal for service from 11 April 2003 to 11 April 2004.

6.  Permanent Order Number 196-05, issued by Headquarters, 2nd Brigade,
4th Infantry Division, dated 15 July 2003, awarded him the Combat Infantryman Badge.

7.  A memorandum issued by the U.S. Army Human Resources Command awarded the 2nd Brigade, 4th Infantry Division the Valorous Unit Award for the period 24 April 2003 to 22 March 2004.

8.  A review of his records reveals no derogatory information such as lost time, suspension of favorable personnel action, nonjudicial punishment, or conviction by a court-martial that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Additionally, his records do not contain a commander's disqualification statement pertaining to this award.

9.  Army Regulation 600-8-22 (Military Awards) 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.  

10.  Review of the applicant’s records reflects his entitlements to additional awards which are not shown on his DD Form 214.

11.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:  

1.  Permanent orders awarded the applicant the Army Commendation Medal and the Combat Infantryman Badge which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  The available evidence shows the applicant's unit in Iraq was awarded the Valorous Unit Award when he was assigned to the unit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Firm 214 to show this award.

3.  He completed 3 years of creditable active service from 1 November 2001 through 31 October 2003, attained the rank of SPC/E-4, and completed a combat tour in Iraq.  Absent any derogatory information or a disqualification memorandum in his file it appears he met the criteria for award of the Army Good Conduct Medal (1st Award).  Therefore, he should be awarded this medal and it should be added to his DD Form 214.
4.  The available evidence shows the applicant completed 1 year of foreign service in Kuwait/Iraq.  Therefore, he met the criteria for and should be awarded the Overseas Service Ribbon and have his records corrected to show it. 

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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 November 2001 through 31 October 2003; and

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

* Army Commendation Medal
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Overseas Service Ribbon



      _______ _ 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)                                         AR20100028570



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ABCMR Record of Proceedings (cont)                                         AR20100028570



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