IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002566 


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 the:

* Joint Service Commendation Medal
* Army Good Conduct Medal
* all other awards he is entitled to receive based on his service in Iraq
* Pathfinder School (Course)

2.  The applicant states he has the award orders for the Joint Service Commendation Medal.  He is confident he does not have all of the awards he is entitled to receive.  

3.  The applicant provides orders and a 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 records show he enlisted in the Regular Army on 19 August 2003 and he held military occupational specialty 92Y (Unit Supply Specialist).  He was assigned to 10th Special Forces Group (SFG), Fort Carson, CO.

3.  Permanent Orders (PO) Number 50-3090, dated 19 February 2004, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, awarded him the Parachutist Badge.

4.  He served in Iraq while assigned to 10th SFG on the following dates:

* 18 March - 16 July 2004
* 7 November 2004 - 25 June 2005
* 16 January - 15 April 2006

5.  He was honorably released from active duty on 18 August 2006 in the rank of sergeant (SGT) and transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no time lost.

6.  The DD Form 214 he was issued shows the National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  It does not show the Pathfinder Course.

7.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His record does not contain orders or a certificate of training that shows he attended Pathfinder School and successfully completed the Pathfinder Course.

9.  The applicant provides PO Number 234-011, dated 22 August 2005, issued by Special Operations Command Central, MacDill Air Force Base, FL, wherein he was awarded the Joint Service Commendation Medal.

10.  In addition to the awards listed on his DD Form 214, his Enlisted Record Brief (ERB), dated 5 July 2006, shows award of the Global War on Terrorism Expeditionary Medal.

11.  Department of the Army General Orders (GO) Number 2010-15, dated 9 September 2010, awarded the Valorous Unit Award to 10th SFG for the period December 2004 to 30 June 2005.
12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards and states:

	a.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  The Global War on Terrorism Expeditionary Medal 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his last two periods of service in Iraq, the applicant participated in two campaigns.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states in item 14 list formal in-service training courses successfully completed during the period of service covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides orders showing he was awarded the Joint Service Commendation Medal.  Therefore, it would be appropriate to add this medal to his DD Form 214.

2.  The evidence of record confirms he served honorably from 19 August 2003 through 18 August 2006.  He served in Iraq, attained the rank of SGT, and his record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  Orders awarded him the Parachutist Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  His records show he was awarded the Global War on Terrorism Expeditionary Medal, presumably for his first period of service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  He participated in two campaigns during his last two periods of service in Iraq.  Therefore he is entitled to award of two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 accordingly.

6.  His unit in Iraq was cited for award of the Valorous Unit Award during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

7.  With respect to his request to add the Pathfinder Course to his DD Form 214, his records are void of orders or a certificate of training showing he successfully attended the Pathfinder School and completed the Pathfinder Course.  In the absence of official orders or a certificate of training, there is insufficient evidence upon which to correct his DD Form 214 to show this course.

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 exemplary behavior, efficiency, and fidelity during the period 19 August 2003 through 18 August 2006;

   b.  deleting from his DD Form 214 the Iraq Campaign Medal; and
   
   c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Joint Service Commendation Medal
* Parachutist Badge
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award

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 the Pathfinder Course.



      _______ _   _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)                                         AR20120002566



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ABCMR Record of Proceedings (cont)                                         AR20120002566



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