IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002135 


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), a second award of the Army Good Conduct Medal (AGCM), and a third award of the Army Achievement Medal (AAM).  

2.  He states that it was an oversight of the clerk who completed his 
DD Form 214.  

3.  He provides his DD Form 214.

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 complete military records are not available to the Board.  However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.  

3.  The applicant enlisted in the Regular Army on 15 July 1998 and reenlisted on 20 September 2001.  

4.  His service record contains Department of the Army, A Detachment, 15th Personnel Services Battalion, Permanent Order 5BCT-117-035, dated 26 April 2004, which shows he was awarded the AGCM (1st Award) for the period 15 July 2001 to 14 July 2004.  

5.  A review of his service record revealed:

* he was promoted to specialist (SPC)/E-4, effective 15 September 2000
* no orders or recommendation for award of the AGCM for the period 15 July 1998 through 14 July 2001
* no disciplinary actions or evidence disqualifying him by his chain of command for award of the AGCM
* no recommendation or orders for an additional award of the AAM

6.  His DD Form 214 shows he served in Iraq from 10 February 2004 to 22 February 2005. 

7.  He was honorably released from active duty on 20 September 2005 in the rank of SPC after completion of 7 years, 2 months, and 6 days of total active military service with no lost time.  

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows award of the Army Lapel Button, Army Commendation Medal, AAM (2nd Award), Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, AGCM, National Defense Service Medal, and Army Service Ribbon.  

9.  On 14 July 2011, a member of the Board’s staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq and that he would have to elect only one of these awards for his Iraq service.  He was also informed that if he still desired award of the ICM, the GWOTEM would be deleted from his DD Form 214.  However, the applicant did not respond within the allotted time frame.  



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

	a.  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.  

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The 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.  

	d.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the AAM.  
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows he served in Iraq from 10 February 2004 to 22 February 2005.

2.  Based on his service in Iraq in support of OIF, he is eligible for award of the GWOTEM and the ICM.  However, regulation precludes receipt of both of these awards for the same act, achievement, or period of service.  

3.  The applicant was informed by email that he could keep his award of the GWOTEM or if he still desired award the ICM, his GWOTEM would be deleted from his DD Form 214.  However, he did not provide a response.  Therefore, there is no basis for adding the ICM to his DD Form 214.  

4.  His service record is void of orders which show he was awarded the AGCM for his first period of qualifying service from 15 July 1998 to 14 July 2001.  He was allowed to reenlist.  No evidence is available which indicates he received any disciplinary action or a commander's disqualification for award of the AGCM during this period.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 15 July 1998 to 14 July 2001.  

5.  Orders published on 26 April 2004 show he was awarded the AGCM (1st Award) for the period 15 July 2001 to 14 July 2004 and this award is listed on his DD Form 214.  In view of his award of the AGCM (1st Award) in the preceding paragraph, these orders should be amended to show he was awarded the AGCM (2nd Award) for the period 15 July 2001 to 14 July 2004 and correction of his DD Form 214 to show receipt of this award.

6.  His DD Form 214 currently reflects the AAM (2nd Award).  However, his service record is void of evidence which shows he was recommended for or awarded an additional award of the AAM.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the AAM (3rd Award).

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period  15 July 1998 to 14 July 2001;

	b.  amending Department of the Army, A Detachment, 15th Personnel Services Battalion, Permanent Order 5BCT-117-035, dated 26 April 2004, which shows he was awarded the Army Good Conduct Medal (1st Award) for the period 15 July 2001 to 14 July 2004 to show he was awarded the Army Good Conduct Medal (2nd Award) for this period;

	c.  deleting the Army Good Conduct Medal from item 13 of his DD Form 214; and

	d.  adding the Army Good Conduct Medal (2nd Award) to item 13 of his DD Form 214.

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 adding the Iraq Campaign Medal and the Army Achievement Medal (3rd Award) to his DD Form 214.  



      _______ _   _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)                                         AR20110002135





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ABCMR Record of Proceedings (cont)                                         AR20110002135



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