IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110017748 


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 the Army Commendation Medal (ARCOM) and Combat Action Badge (CAB).  He also requests to be issued orders for award of his ARCOM. 

2.  He states he was presented the ARCOM and CAB after his release from active duty (REFRAD); as a result, the awards are not listed on his DD Form 214.  He also was not issued any orders for the ARCOM, although the permanent order number is listed on the DA Form 638 (Recommendation for Award) and award certificate. 

3.  He provides:

* A copy of the CAB orders
* A DA Form 638
* A DA Form 4980-14 (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.  He enlisted in the U.S. Army Reserve on 28 July 2003.  After completion of training, he served in military occupational specialty 12B (Combat Engineer).

3.  His record shows he entered active duty on 22 May 2006 for the purpose of mobilization in support of Operation Iraqi Freedom.  He was assigned to A Company, 321st Engineer Battalion, 411th Engineer Brigade, Iraq.

4.  He provided a copy of Headquarters, 411th Engineer Brigade, Permanent Orders 025-006, issued on 25 January 2007.  This order shows he was awarded the CAB for engaging or being engaged by the enemy on 19 October 2006.

5.  Part V (Orders Data) of the DA Form 638 shows Headquarters, 20th Engineer Brigade (Airborne), permanent order number 247-032 awarded the ARCOM on 
7 September 2007.  The same orders data is shown on the DA Form 4980-14. 

6.  He was honorably REFRAD on 9 March 2008.  He completed 1 year, 
9 months, and 18 days of net active service during the period under review and 
8 months of foreign service.  His DD Form 214 for this period shows he served in Iraq from 1 September 2006 to 30 April 2007.  It shows he was awarded the following:

* Purple Heart
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* Army Service Ribbon
* Armed Forces Reserve Medal with M Device

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His record shows he served in Iraq during the following campaigns:

* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

	b.  Permanent award orders are an authorized part of the DA Form 638.  If the recommended award is approved or upgraded, Part V will be prepared to include issuing headquarters, permanent orders number, date, and approved award.  The DA Form 4980-14 will contain the approval authority signature block, permanent order number, date, unit and location on the right lower side of the certificate.  The DA Form 638 of an approved award is not filed in the Official Military Personnel File (OMPF), only the certificate which contains the orders data is filed in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the DA Form 638 and DA Form 4980-14 are the permanent award orders for the applicant’s ARCOM; therefore, there is no authority to issue subsequent orders for this award.  However, he is entitled to the addition of the ARCOM to his DD Form 214.

2.  Permanent orders awarded the applicant the CAB; as a result, he is authorized addition of this award to his DD Form 214. 

3.  Based on his foreign service in Iraq during two named campaigns, he is entitled to wear two bronze service stars on his ICM.  

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 amending his DD Form 214 for the period ending 9 March 2008 by:

	a.  deleting the ICM; and

	b.  adding the following awards:

* ARCOM
* CAB
* ICM with two bronze service stars

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 reissuing award orders for the ARCOM.




      _______ _   __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)                                         AR20110017748





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ABCMR Record of Proceedings (cont)                                         AR20110017748



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