IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120000942 


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 Combat Infantryman Badge and Marksmanship Qualification Badges with Rifle (M-16) and Grenade Bars.

2.  He states these badges are not listed on his DD Form 214.

3.  He provides:

* his DD Form 214
* his DA Form 2-1 (Personnel Qualification Record – Part II)
* a DA Form 4187 (Personnel Action)
* Permanent Orders 174-10, issued by Headquarters, 4th Infantry Division, dated 23 June 2003

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 1 August 2000.  Upon completion of initial entry training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade he attained was private first class (PFC)/E-3.

3.  He served in Southwest Asia from 1 April to 3 August 2003.

4.  Permanent Orders 174-10, dated 23 June 2003, awarded the applicant the Combat Infantryman Badge for the period 22 May to 5 June 2003 for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom.

5.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 contains data fields for the M-16 rifle and hand grenade.  However, this form does not indicate the degree or date of qualification for these weapons.

6.  His service record also does not include orders awarding him any weapons qualification badges.

7.  On 30 November 2003, he was honorably released from active duty at the completion of required active service.  He completed 3 years and 4 months of active military service with no lost time.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued for this period does not indicate he was awarded any marksmanship badges or the Combat Infantryman Badge.

8.  His service record does not contain any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, or Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

10.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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 31 December 2011.  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 - 31 December 2011)

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record is void of orders and he did not provide any orders awarding him marksmanship qualification badges for qualifying with the M-16 rifle or the hand grenade.  There is also no evidence on his DA Form 2-1 that indicates the degree (e.g., Expert, Sharpshooter, or Marksman) and date of any weapons qualifications.
2.  Permanent orders awarded him the Combat Infantryman Badge for the period 22 May to 5 June 2003.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  His DD Form 214 shows he served in Southwest Asia from 1 April to 3 August 2003 and he participated in support of Operation Iraqi Freedom during two campaigns.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

4.  He served during a qualifying period of service for the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  There is no evidence of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period
1 August 2000 through 31 July 2003 and his DD Form 214 should be corrected to show this 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
1 August 2000 through 31 July 2003; and 

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars


* Global War on Terrorism Service Medal
* Combat Infantryman Badge

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 Marksmanship Qualification Badges with Rifle (M-16) and Grenade Bars.



      ____________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)                                         AR20120000942



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ABCMR Record of Proceedings (cont)                                         AR20120000942



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