IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002539 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB), Valorous Unit Award (VUA), and the Iraq Campaign Medal (ICM) with 2 bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).  He also requests that he be issued these awards. 

2.  He states the awards in question were awarded or created after he was separated from active service; therefore, they are not reflected on his DD Form 214. 

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* Self-Authored Sworn Statement
* Former Commander's Sworn Statement
* Department of the Army General Order (DAGO) 3, dated 6 November 2007
* Iraq Deployment Orders
* Army Commendation Medal (ARCOM) 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’s record shows he enlisted in the Regular Army on 
20 November 2000, and was trained in and awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).   

3.  The record shows the applicant served in Iraq with the 64th Military Police (MP) Company, 720th MP Battalion from 19 March 2003 through 19 March 2004 and that he earned the following awards during his active duty tenure:

* Army Lapel Button
* ARCOM (2nd Award)
* GWOTEM
* Global War on Terrorism Service Medal 
* Army Good Conduct Medal 
* National Defense Service Medal 
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

4.  The applicant’s record is void of any documents or orders indicating he was recommended for or awarded the CAB by proper authority while serving in Iraq.  

5.  On 19 November 2004, the applicant was honorably separated, in the rank of sergeant/E-5, after completing 4 years of active military service.  The DD Form 214 he was issued does not include the ICM, VUA, or CAB in the list of awards contained in item 13.  

6.  The applicant provides DAGO Number 3, dated 6 November 2007, which awarded the VUA to the 720th MP Battalion and assigned units, including the 64th MP Company, for valorous service in Iraq from 15 April 2003 through 5 November 2003.  He also provides an ARCOM certificate and deployment orders confirming his assignment to this unit.  He also provides a sworn statement indicating he engaged with or was engaged by hostile forces in Iraq in July 2003 and again in February 2004.  He also provides a statement from his unit commander indicating that while he did not witness the incident he learned the vehicle the applicant was travelling in with a convoy in Iraq was indirectly struck with an improvised explosive device (IED) which caused him to call a security halt to the convoy.  The commander does not confirm the engagement qualified the applicant for the CAB nor does he indicate he recommended or recommends the applicant for the CAB based on this incident.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-17 provides guidance on the ICM.  It states it is authorized for service in Iraq on or after 19 March 2003 to a date to be determined.  It states under no circumstances will members receive the GWOTEM and ICM for the same action, time period or service.  It further states that members who 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 award.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  A bronze service star is authorized with the ICM for each campaign a member is credited with participation in while serving in Iraq.  The following are authorized campaigns and the periods for which participation credit was granted during the applicant’s tenure of assignment:

* Liberation of Iraq (19 March-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004).

8.  Paragraph 8-8 of the awards regulation provides guidance on the CAB.  It states it is authorized to members meeting the eligibility criteria from 
18 September 2001 to a date to be determined.  To be eligible for the CAB a member must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily within the rules of engagement.  The criteria for award of the CAB are as follows:  Recommendations for retroactive award of the CAB will be submitted to the U.S. Army Human Resources Command (USAHRC) Military Awards Branch (MAB).  The CAB will be announced in permanent orders.  

9.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations contains personnel policy guidance for members mobilized/deployed for overseas contingency operations.  Paragraph 13-6d states the Overseas Service Ribbon (OSR) may be awarded to all members who are credited with a normal overseas tour.  Paragraph 13-6e states Soldiers who deploy to the Coalition Central Command area of responsibility may be authorized award of tour credit if they serve 9 months in a continuous temporary change of station/temporary duty status in an areas where the unaccompanied tour length is up to 18 months, or if they serve in an isolated area where tour lengths have not been established (see Army Regulation 614-30, table 3-2, Rule 8).  If applicable, the Soldier is credited with a completed tour and awarded a new date of return from overseas. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the ICM with 2 bronze service stars and VUA should be added to item 13 of his DD Form 214 and that he should be issued the awards has been carefully considered and found to have merit.  The evidence of record confirms the applicant’s unit was awarded the VUA during his tenure of assignment, and by regulation he may be awarded the ICM in lieu of the GWOTEM he already holds.  Therefore, it would be appropriate to correct item 13 of his DD Form 214 accordingly and to issue him these awards.  

2.  The evidence of record also shows that based on his completion of 9 months of service in Iraq, he is also eligible for the OSR.  Therefore, it would also be appropriate to add this award to his record and DD Form 214. 

3.  The applicant’s request to be awarded the CAB has also been carefully considered.  However, his record is void of any orders or documents indicating he was recommended for or awarded the CAB by proper authority while serving on active duty, and while his commander confirms his involvement in an IED blast while in a convey, he fails to provide a first hand account or to actually indicate he supports award of the CAB for this incident.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.  However, the applicant is advised that if he believes he is eligible for retroactive award of the CAB he should apply to the USAHRC, MAB and provide the supporting recommendations and documents required for processing the 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:

* deleting the GWOTEM from item 13 of his DD Form 214
* adding the ICM with 2 bronze service stars, VUA, and OSR to item 13 of his DD Form 214
* issuing him the appropriate awards and a document to show these corrections

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 award of the CAB.   



      _________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)                                         AR20110002539



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ABCMR Record of Proceedings (cont)                                         AR20110002539



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