IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20110000183 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of his unit's Valorous Unit Award, the Combat Action Badge, the Army Good Conduct Medal, and any other awards that he is entitled to receive.

2.  The applicant states his unit was awarded the Valorous Unit Award; however, it was not added to his DD Form 214, as well as other awards that he may be entitled to receive.

3.  The applicant provides a copy of Department of the Army General Orders (DAGO) Number 3, dated 6 November 2007.

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 that the Combat Action Badge be added to his
DD Form 214.  There is no evidence of a recommendation for or award of the Combat Action Badge in his official military personnel file (OMPF).  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.  For applicants 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 the 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.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit a new application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 20 September 2000 for a period of 5 years and training as a military policeman.  He completed his one station unit training (OSUT) at Fort Leonard Wood, MO and was transferred to Fort Hood, TX for assignment to the 64th Military Police Company, 720th Military Police Battalion.  He was advanced to the rank/grade of specialist (SPC)/E-4 on 1 May 2002.

4.  The applicant deployed to Iraq with his unit in support of Operation Iraqi Freedom (OIF) on 17 March 2003 and he remained in Iraq until he was returned to Fort Hood on 1 September 2003 on emergency leave due to issues related to the illness of his spouse.

5.  On 12 December 2003, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood.  He completed 3 years, 2 months, and 23 days of creditable active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

6.  A review of his OMPF failed to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.  His record also contains no orders for any additional awards.

7.  The orders provided by the applicant shows his unit, the 64th Military Police Company, was cited for award of the VUA for the period 15 April to 5 November 2003.

8.  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.  

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 Global War on Terrorism Service Medal.

10.  Army Regulation 600-8-22 states 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)

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the statement “SERVICE IN (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to have merit.  His unit was awarded the VUA for service in Iraq from 15 April to 5 November 2003 and he served in Iraq from 17 March to 1 September 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The applicant’s record shows no evidence of any derogatory information or a commander's disqualification that would preclude him being awarded the Army Good Conduct Medal.  As such, it must be presumed that the failure to award him the Army Good Conduct Medal was the result of administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 20 September 2000 through 19 September 2003 and correcting his DD Form 214 to show this award.

3.  The available evidence also shows the applicant served during a qualifying period of service for the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.


4.  Based on the applicant’s service in Iraq his DD Form 214 should be corrected to show the entry “Service in Iraq from 20030317 - 20030901.”

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 him the Army Good Conduct Medal (1st Award) for the period
20 September 2000 through 19 September 2003;

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

* Army Good Conduct Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

	c.  adding to item 18 of his DD Form 214 the entry “Service in Iraq from 20030317 - 20030901.”



      ____________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)                                         AR20110000183



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ABCMR Record of Proceedings (cont)                                         AR20110000183



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