BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005248 


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 Army Commendation Medals
* Army Good Conduct Medal
* Driver and Mechanic Badge
* Iraq Campaign Medal

2.  The applicant states his DD Form 214 does not show these awards and badge.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 638 (Recommendation for Award) initiated on 18 November 2003
* DA Form 638, initiated on 8 July 2004

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.  On 11 June 2001, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).  He was subsequently assigned for duty at Fort Riley, KS.

3.  Permanent Orders 317-35, Fort Riley, KS, dated 14 November 2002 awarded the applicant the Driver and Mechanic Badge (with Driver-W Bar) for his performance of duty as a driver or assistant driver of vehicles for a minimum of 12 consecutive months, or at least 8,000 miles without an accident or traffic violation.

4.  On 1 March 2003, the applicant was advanced to the rank of specialist, pay grade E-4.

5.  The DA Form 638, initiated on 18 November 2003, indicates that Permanent Order Number 011-076, 220th Military Police Brigade, dated 12 January 2004, awarded the applicant the Army Commendation Medal for meritorious service during the period from 29 March 2003 to 28 March 2004 for his service as a mechanic in support of Operation Iraqi Freedom.  He performed numerous vehicle recovery missions in Kuwait and Iraq.

6.  The DA Form 638, initiated on 8 July 2004, indicates that Permanent Order Number 203-6, 924th Military Police Battalion, dated 21 July 2004, awarded the applicant the Army Commendation Medal, First Oak Leaf Cluster, for his meritorious service from 3 December 2001 to 30 June 2004.

7.  On 29 June 2004, the applicant was released from active duty.  He had completed 3 years and 19 days of honorable service and was fully eligible for reenlistment without any waivers.

8.  The applicant's DD Form 214 shows his awards as:

* Army Lapel Button
* Army Commendation Medal
* Joint Service Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Service Ribbon

9.  The remarks section of the applicant's DD Form 214 states that he served in Kuwait/Iraq in support of Operation Iraqi Freedom from 29 March 2003 to 2 April 2004, a period of 1 year and 4 days.

10.  Army Regulation 600-8-22 (Military Awards):

	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.  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.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	d.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	e.  According to the Awards Branch at U.S. Army Human Resources Command, 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 get credit for a completed short tour

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of:

* two Army Commendation Medals
* Army Good Conduct Medal
* Driver and Mechanic Badge
* Iraq Campaign Medal

2.  The evidence of record and orders provided by the applicant clearly and convincingly show that he was awarded two Army Commendation Medals during his period of active duty.  Therefore, both of these medals should be shown on his DD Form 214.

3.  Orders show that the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, this badge should be shown on his DD Form 214.

4.  The evidence of record clearly shows that the applicant served for a qualifying period in Kuwait/Iraq for award of the Overseas Service Ribbon.  Therefore, this ribbon should be shown on his DD Form 214.

5.  The evidence of record clearly shows that the applicant served a qualifying period of time for an initial award of the Army Good Conduct Medal.  His advancement to specialist, pay grade E-4 and numerous personal decorations strongly indicate he distinguished himself in the performance of his military service.  Furthermore, there is no evidence showing that his commander took any action to deny him this award.  Therefore, he should be awarded the Army Good Conduct Medal.

6.  The evidence of record clearly shows that the applicant served a qualifying period of service in Kuwait/Iraq and was awarded the Global War on Terrorism Expeditionary Medal for that service.  He now wants to receive the Iraq Campaign Medal for this same service.  No service member is entitled to both medals for the same act, achievement, or period of service.  Therefore, he must make a specific request to receive the Iraq Campaign Medal in lieu of the medal he now holds.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x__  ___x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 for the period 11 June 2001 to 10 June 2004,

	b.  deleting from his DD Form 214 the Army Commendation Medal, and

	c.  adding to his DD Form 214 the following:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

2.  The Board further determined 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 the Iraq Campaign Medal.



__________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)                                         AR20120005248





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ABCMR Record of Proceedings (cont)                                         AR20120005248



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