IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001591 


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 two additional Air Medals and the Army Commendation Medal (second oak leaf cluster).

2.  The applicant states at the time he out-processed from the Army the awards had been submitted but had not been approved by the final approval authority. 

3.  The applicant provides:

* Permanent Order Number 045-107, dated 14 February 2011
* Unapproved Permanent Order Number 187-011, dated 6 July 2011
* Permanent Order Number 194-018, dated 13 July 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 June 2005.  He completed training and was awarded military occupational specialty 15U (CH-47 Helicopter Repairer).  He was deployed to Iraq from 9 July 2007 through 7 August 2008 (a period of 1 year and 29 days) and later deployed to Afghanistan from 7 March 2010 through 24 February 2011 (a period of 11 months and 18 days).  The highest rank/grade he attained during this period of service was sergeant/E-5.  

2.  His record contains Permanent Orders Number 156-044, dated 4 June 2008, which show he was awarded the Air Medal for exceptionally meritorious service during air operations supporting Operation Iraqi Freedom for the period 9 July 2007 through 1 August 2008.

3.  His record also contains and the applicant provides Permanent Orders Number 045-107, dated 14 February 2011, which show he was awarded the Air Medal for exceptionally meritorious achievement while assigned as a Chinook flight engineer during Operation Enduring Freedom for the period 28 June through 11 November 2010.

4.  His record contains Permanent Orders Number 194-018, dated 13 July 2011, which show he was awarded the Air Medal for exceptionally meritorious service in aerial flight in support of Operation Enduring Freedom for the period 17 March through 27 June 2010.

5.  On 21 June 2011, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows:

* Afghanistan Campaign Medal with campaign star
* Air Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* North Atlantic Treaty Organization Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal “(2nd Award)”
* Iraq Campaign Medal with campaign star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Combat Action Badge
* Basic Aviation Badge
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  The applicant provides a DA Form 638 (Recommendation for Award) and corresponding certificate which shows he was recommended for an Army Commendation Medal (second oak leaf cluster).  However, the recommendation was not approved by his brigade commander nor authenticated by the orders approval authority.

7.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  Army Regulation 600-8-22 states the Army Commendation Medal 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.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  The request, with a DA Form 638, must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan receive credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show award of   two additional Air Medals and the Army Commendation Medal (second oak leaf cluster) has been carefully examined and found to have partial merit.

2.  Permanent orders awarded him two additional Air Medals which are not reflected on his DD Form 214; therefore, he is entitled to correction of his         DD Form 214 to show these awards.

3.  The applicant provided a DA Form 638 and corresponding certificate which showed he was recommended for the Army Commendation Medal (second oak leaf cluster).  However, the recommendation was never approved by his brigade commander nor authenticated by the orders approval authority.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

4.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal (second oak leaf cluster) (if he does not have the signed/approved award documents), this in no way affects his right to pursue his claim for the Army Commendation Medal (second oak leaf cluster) by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  The evidence shows he was deployed to Iraq from 9 July 2007 through             7 August 2008 (a period of 1 year and 29 days) and later deployed to Afghanistan from 7 March 2010 through 24 February 2011 (a period of 11 months and 18 days), which qualifies him for two awards of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this service ribbon.

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 to add the Overseas Service Ribbon (2nd Award) and to show the Air Medal (3rd Award) in lieu of the one Air Medal now shown.

2.  The Board further determined that the evidence presented was 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 Army Commendation Medal (second oak leaf cluster).  




      _______ _   _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)                                         AR20120001591



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ABCMR Record of Proceedings (cont)                                         AR20120001591



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