IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20100028964 


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 Good Conduct Medal (AGCM), Iraq Campaign Medal, Global War on Terrorism Service Medal (GWOTSM), and any other authorized awards.

2.  The applicant states his DD Form 214 does not show the issuance of these awards.

3.  The applicant provides copies of his DD Form 214 and recommendations for award of the Army Commendation Medal (ARCOM) with "V" Device and the ARCOM with 1st Oak Leaf Cluster.

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 26 April 2001.  He completed training as an indirect fire infantryman and advanced to the rank of specialist, pay grade (E-4).

3.  The applicant's interactive Personnel Electronic Records Management System records contain no awards information except for a single certificate with permanent orders for a 15 August 2002 award of the ARCOM.

4.  The applicant was released from active duty on 25 April 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows his authorized awards as the Army Lapel Button, Army Commendation Medal (3rd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Combat Infantryman Badge.

5.  The Defense Finance and Accounting Service verified the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for Kuwait for the period 3 April 2003 through 31 December 2003.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns coinciding with the applicant's deployment are the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004).

	c.  The GWOTSM is authorized for 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 in areas outside of areas designated for more specific awards.  Only one award of the GWOTSM may be authorized to any individual.

7.  Army Regulation 635-5 (Separation Documents) which provides specific instructions for completing the DD Form 214 requires an entry in item 18 (Remarks) that shows, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  The recommendations for awards the applicant submitted show the Commander, 1st Brigade, 4th Infantry Division, awarded him the ARCOM with "V" Device for heroism in combat in Iraq on 5 October 2003 by Permanent Order Number 002-09.  However, the recommendation for the ARCOM with 1st Oak Leaf Cluster for meritorious service in Iraq from 7 October 2002 to 20 December 2003 does not carry a permanent order number.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Form 214 should show the Army Good Conduct Medal, Iraq Campaign Medal, GWOTSM, and any other authorized awards.

2.  The available records do not contain any evidence the applicant was either awarded or denied the Army Good Conduct Medal.  On the other hand there is no evidence of any misconduct.  In light of progression to pay grade E-4 and his other awards, especially three Army Commendation Medals and the Combat Infantryman Badge, the Army Good Conduct Medal should be awarded for the period 26 April 2001 through 25 April 2004 at this time and it should be added to his DD Form 214.

3.  Although the recommendation for the ARCOM with 1st Oak Leaf Cluster for meritorious service from 7 October 2002 to 20 December 2003 does not carry a permanent order number, the applicant's DD Form 214 shows three awards of the ARCOM.  This, taken together with the August 2002 award of the ARCOM and ARCOM with "V" Device recommendation with orders, indicates his DD Form 214 should show the ARCOM (3rd Award) and "V" Device.

4.  The applicant served in the Iraq theater as evidenced by his awards of the Combat Infantryman Badge, his last two ARCOM's, and his receipt of HFP/IDP.  The period of this service coincides with the Liberation of Iraq and Transition of Iraq campaigns.  He should be authorized the Iraq Campaign Medal with two bronze service stars and this medal should be added to his DD Form 214.

5.  The applicant is authorized the GWOTSM as is any Soldier who served on active duty for 30 consecutive days in addition to the time represented by a more specific award such as the Iraq Campaign Medal.

6.  Army Regulation 635-5 requires a specific entry in item 18 of the DD Form 214 showing deployments.  The applicant's DD Form 214 should include "SERVICE IN KUWAIT/IRAQ FROM 20030403-20031231" in item 18.

BOARD VOTE:

__X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for the period 26 April 2001 through 25 April 2004;

	b.  deleting all awards listed in item 13 of his DD Form 214;

	c.  adding the following awards to item 13 of his DD Form 214:  Army Commendation Medal (3rd Award) and "V" Device, Army Good Conduct Medal (1st Award), National Defense Service Medal, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Infantryman Badge, and Army Lapel Button; and



	d.  adding the following statement to item 18 of his DD Form 214:  "SERVICE IN KUWAIT/IRAQ FROM 20030403-20031231."


      __________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)                                         AR20100028964



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ABCMR Record of Proceedings (cont)                                         AR20100028964



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