BOARD DATE:	2 August 2011  

		DOCKET NUMBER:  AR20110002307 


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 he was awarded two Army Commendation Medals.  Additionally, he requests award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) he currently holds.

2.  The applicant states he received a second Army Commendation Medal shortly after he was discharged.  He is considering reentering the Army.

3.  The applicant provides:

* his DD Form 214
* Permanent Order Number 090-020D, issued by Headquarters,
101st Airborne Division, Fort Campbell, KY, dated 30 March 2004, and corresponding award certificate
* Permanent Order Number 293-164, issued by the same headquarters, dated 19 October 2004, and corresponding award certificate

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 6 May 2003.  He completed training and he was awarded military occupational specialty (MOS) 14S (Avenger Crewmember).

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Overseas Service) he was in Iraq from 12 November 2003 through 8 February 2004.

	b.  item 9 (Awards, Decorations, and Campaigns) the:

* Army Service Ribbon
* National Defense Service Medal
* Global War on Terrorism Service Medal
* GWOTEM
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

4.  On 15 October 2004, he was honorably discharged due to hardship.  He completed 1 year, 5 months, and 10 days of creditable active service.

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

* Army Commendation Medal
* GWOTEM
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon


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

7.  He provides a copy of his award of the:

* Army Commendation Medal for meritorious service from 5 November 2003 to 4 February 2004
* Army Commendation Medal for meritorious service at the expiration of his term of service for the period 8 October 2003 to 15 October 2004

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

	a.   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 - 31 August 2010
* New Dawn (1 September 2010 - to a date to be determined)

	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 Iraq Campaign Medal was subsequently authorized, will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal 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 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.  The applicant contends that his DD Form 214 should be corrected to show he was awarded two Army Commendation Medals.  He also requests award of the Iraq Campaign Medal in lieu of the GWOTEM.

2.  He provides copies of the documentation verifying he was awarded a second Army Commendation Medal.  Therefore, his DD Form 214 should be corrected accordingly.

3.  The applicant’s record shows he distinguished himself in the performance of his military service as evidenced by his award of two personal decorations for meritorious service.  Furthermore, there is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  It is presumed that he did not receive the Army Good Conduct Medal due to an administrative oversight.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

4.  The applicant served during a qualifying period of service in Iraq for award of either the GWOTEM or the Iraq Campaign Medal.  He requests award of the Iraq Campaign Medal in lieu of the GWOTEM he currently holds.  Records also show he participated in the Transition of Iraq campaign phase during his service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to remove the GWOTEM and add the Iraq Campaign Medal with one bronze service star.

5.  Item 9 of his DA Form 2-1 shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Grenade Bar, which are not reflected on his DD Form 214.  Therefore, his
DD Form 214 should be corrected to show these qualification badges.

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 Global War on Terrorism Expeditionary Medal and Army Commendation Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 May 2003 through 15 October 2004; and

	c.  adding in Item 13 of his DD Form 214 the:

* Army Commendation Medal (2d Award)
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar



      __________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)                                         AR20100028326



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002307



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1