IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003303 


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 records to show all of his authorized awards, including the Combat Infantryman Badge.

2.  The applicant states he was separated from active duty before some of the awards he is entitled to were authorized.

3.  The applicant provides, in support of his request, a deployment order with a personnel annex, an affidavit from a former Soldier, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 10 January 2000 for a period of 4 years.  He completed training and was awarded military occupational specialty 11B (Infantryman).  He spent his entire enlistment with the 10th Mountain Division (Light Infantry) and was advanced to specialist (SPC)/pay grade E-4 on
1 September 2002.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 January 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 4 years of active service.  It also shows in:

   a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, and Army Lapel Button; and

   b.  item 18 (Remarks):

* Uzbekistan/Afghanistan:  19 December 2001 - 13 April 2002
* Djibouti - Africa:  1 May 2003 - 28 September 2003

4.  A review of the applicant's records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

5.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, 10th Mountain Division (Light Infantry), Fort Drum NY, Orders 101-461 and Annex A (Personnel), dated 11 April 2003, that shows the applicant was assigned to Company C, 4th Battalion, 31st Infantry, and reassigned to the U.S. Central Command area of operations in support of Operation Enduring Freedom (OEF) on 30 April 2003 for a period of 179 days.

   b.  an affidavit in support of the applicant from Mr. Jaye Richard L-----, Attorney at Law, who states he served on active duty with the applicant from 2000 to 2004.

    	(1)  He states they deployed to Aberdeen Proving Grounds in October 2001 after the attacks of 9/11.  They also deployed to Uzbekistan and Afghanistan in support of OEF and to Africa in support of Operation Anaconda, which entitles the applicant to the Combat Infantryman Badge.

    	(2)  He adds the ABCMR considered his application for correction of his records in ABCMR Docket Number AR20090003371 and authorized him award of the Valorous Unit Award, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Afghanistan Campaign Medal with the bronze arrowhead device and one bronze service star.

6.  U.S. Army Human Resources Command, Alexandria, VA, memorandum, dated 2 October 2003, awarded the Valorous Unit Award (VUA) for Task Force Rakassan and supporting units, including Company C, 4th Battalion, 31st Infantry Regiment, for the period 2 to 19 March 2002.

7.  U.S. Army Human Resources Command, Alexandria, VA, Permanent Orders 092-32, dated 1 April 2004, awarded assault landing credit to Company C, 4th Battalion, 31st Infantry Regiment (and other units) for participation in a helicopter assault landing into enemy-held territory in the Shahi Khowt Valley, Afghanistan, during the period 0211Z hours, 2 March to 1045Z hours, 3 March 2002.

8.  U.S. Army Human Resources Command, Alexandria, VA memorandum, dated 1 April 2004, informed the Commander, 10th Mountain Division, that the request for assault landing credit was approved for Company C, 4th Battalion, 31st Infantry Regiment (and other units), and authorized the bronze arrowhead device for wear on the Global War on Terrorism Expeditionary Medal (GWOTEM) by participating Soldiers.

9.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  

   b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.

		 (1)  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The combatant commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	 	(2)  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

	 	(3)  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and Operation Iraqi Freedom (OIF) in designated specific geographic AOEs including:  Djibouti and Uzbekistan.

   c.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the designated GWOT AOEs on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or 60 nonconsecutive days.

   d.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM and GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

   e.  The Afghanistan Campaign Medal (ACM) is awarded to Soldiers who served in or in direct support of OEF.  The AOE encompasses all land area of the country of Afghanistan and all air spaces above the land.
   
    	(1)  The ACM period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.

    	(2)  A list of Afghanistan campaigns shows that during the applicant's tour in Afghanistan he participated in the Consolidation I (1 December 2001 - 30 September 2006) campaign.

   f.  Service members qualified for the GWOTEM by reasons of service between 24 October 2001 and 28 February 2005 in an area for which the ACM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	g.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the GWOTEM and the Afghanistan Campaign Medal.

   h.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all of his authorized awards.

2.  The applicant's unit was awarded the Valorous Unit Award for service in Afghanistan from 2 to 29 March 2002.

3.  He was authorized a bronze arrowhead device for wear on the GWOTEM for an assault landing in the Shahi Khowt Valley, Afghanistan, on 2 - 3 March 2002.

4.  He continued to serve in Afghanistan through 13 April 2002 and is eligible for award of the GWOTEM.  He can, upon request, be authorized the ACM in lieu of the GWOTEM.  Since he has made a request for all of his authorized awards, the ACM, with one bronze service star, should be awarded.  He should also be authorized to wear the previously-awarded bronze arrowhead device on the ACM vice the GWOTEM since the former did not exist at the time the bronze arrowhead device was awarded.

5.  The applicant served in Djibouti - Africa from 1 May through 28 September 2003.  This is a consecutive period of more than 30 days, which is qualifying for award of the GWOTEM.  Thus, he should be authorized the award.
6.  He is entitled to award of the GWOTSM by virtue of his service on active duty after 11 September 2001 for a period of 30 consecutive days.

7.  The evidence of record shows the applicant satisfactorily performed infantryman duties, he was assigned to an infantry unit, and he participated in a helicopter assault landing into enemy-held territory in Afghanistan.  Thus, the applicant met the strict requirements for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge.

8.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 10 January 2000 to 9 January 2003.

   a.  He was promoted to SPC (E-4) and awarded the Army Commendation Medal.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal.

9.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to shows his awards and decorations, as recommended below.

BOARD VOTE:

___x____  ___x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Combat Infantryman Badge for the period 2 March to
13 April 2002 (Standard Name Line:  SPC Company C, 4th Battalion,
31st Infantry, 10th Mountain Division (Light Infantry), Fort Drum, New York 13602-5000);

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
10 January 2000 to 9 January 2003 (Standard Name Line:  SPC Company C,
4th Battalion, 31st Infantry, 10th Mountain Division (Light Infantry), Fort Drum, New York 13602-5000); and

   c.  adding to item 13 of his 9 January 2004 DD Form 214 the:

* Valorous Unit Award
* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with bronze arrowhead device and one bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Combat Infantryman Badge




      _______ _   __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)                                         AR20120003303



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ABCMR Record of Proceedings (cont)                                         AR20120003303



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