IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110015245 


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 military records to show he was awarded a second Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM) with two bronze service stars, and the Combat Action Badge (CAB).

2.  The applicant states he served in Iraq during two established periods [campaigns] and performed duty in an area where he was under enemy fire.  He was advised at the time of his discharge that his commander was processing an ARCOM; but he never received it.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 638 (Recommendation for Award) for the Army Commendation Medal, front side only, dated 24 June 2004; a Department of the Army Certificate for award of the ARCOM, dated 18 May 2003; and two Certificates of Service, both undated.

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 has requested award of the CAB.  Such requests for retroactive award of the CAB must be forwarded to the Commanding General, U.S. Army Human Resources Command (HRC), 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122.  This request must be on a DA Form 4187 (Personnel Action) if he is currently on active duty or in an active status.  If he is not on active duty or in an active status, he may request this award by letter.  There is no available evidence showing he has exhausted this administrative option for relief.  Therefore, this portion of his request will not be further discussed in these proceedings.  Should the Commander, HRC deny his request for award of the CAB, he may submit another application to this Board provided he includes a copy of the denial by HRC.

3.  On 12 July 2001, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 31F (Network Switching Systems Operator/Maintainer).

4.  The applicant's Enlisted Record Brief dated 15 June 2004 indicates:

	a.  that on 9 March 2002, he was assigned to the 123rd Signal Battalion located at Fort Stewart, Georgia; and

	b.  that his awards include the Presidential Unit Citation, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal and the Driver and Mechanic Badge.

5.  On 14 July 2004, the applicant was discharged due to physical disability. He had attained the rank of specialist, pay grade E-4, and had completed 3 years and 3 days of creditable active duty service.

6.  The applicant's DD Form 214 indicates in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* ARCOM
* Army Achievement Medal (two awards)
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon

	b.  Item 18 (Remarks): Service in Iraq from 22 January to 26 August 2003.

7.  A review of the applicant's Official Military Personnel File (OMPF) failed to reveal any documents showing he was awarded any ARCOMs.

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

	a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

	c.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.
	d.  Army Regulation 600-8-22 (Military Awards) states 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 during the applicant's tour of duty were:

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

	e.  Only one award of the ICM may be awarded.  Under no condition will personnel or units receive the Iraq Campaign Medal, the GWOTEM, the GWOTSM, or the AFEM for the same action, time period, or same service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was awarded a second ARCOM at the conclusion of his active duty service; and the ICM for his service in Iraq.

2.  The available evidence of record does not show that the applicant was awarded an ARCOM.  The DA Form 638 that he has provided is not complete.  The reverse side of the form is used for chain of command recommendations, approval/disapproval, and orders publication information.  Without this documentation, a determination about his eligibility for the ARCOM cannot be made.  Should he have this document, or be able to obtain it; and if it provides specific evidence showing he was approved for this award, he may submit another application to this Board for consideration.

3.  The applicant's DD Form 214 indicates he was awarded the AFEM and the GWOTEM.  However, the remarks block of the form only reports one tour of duty in Iraq in 2003.  There is no evidence of record showing he had any other overseas service that would have qualified for either medal.  He now requests award of the ICM for this same period of service, but does not indicate an understanding that he cannot receive both the ICM and the GWOTEM for the same service.  Without additional evidence explaining the qualifying service for the two medals already recorded on his DD Form 214 and the applicant's expressed understanding that he must give up one or both of those medals before receiving the ICM, this portion of his request should be denied.
4.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20110015245





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ABCMR Record of Proceedings (cont)                                         AR20110015245



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