IN THE CASE OF:	

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120009898 


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 award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Combat Action Badge
* Purple Heart
* Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal

2.  The applicant states he has orders showing award of the Combat Action Badge during Operation Iraqi Freedom (OIF).  He was injured when his convoy was attacked with an improvised explosive device (IED).  He suffered a concussion that led to a brain injury.  His noncommissioned officer (NCO) at the time did not submit the paperwork because he had many more things going on at the time.

3.  The applicant provides his DD Form 214 and orders.

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.  With respect to the applicant's request for award of the Purple Heart, Army Regulation 15-185 states the ABCMR will not consider any application if it determines the applicant has not exhausted all administrative remedies available to him/her.  There is no evidence the applicant submitted an application for award of the Purple Heart to the U.S. Army Human Resources Command (AHRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122, and was denied this award.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  Having had prior Reserve service, the applicant's records show he enlisted in the Regular Army on 5 April 2002 and he held military occupational specialty 13W (Field Artillery Meteorological Crewmember).  He served in Iraq from 8 March 2004 to 7 March 2005 while assigned to Headquarters and Headquarters Company, 15th Brigade, 1st Cavalry Division.

4.  Permanent Orders (PO) Number 285-135, dated 12 October 2005, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, awarded him the Combat Action Badge for being personally present and actively engaging or being engaged by enemy fire during OIF on 11 October 2004.

5.  He was honorably released from active duty on 19 August 2005 and transferred to the U.S. Army Reserve.  He completed 3 years, 4 months, and 15 days of net active service with no time lost.

6.  The DD Form 214 he was issued shows the:

* Army lapel button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal 
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

7.  There are no orders in his record that show award of the Army Good Conduct Medal (1st Award).
8.  His records do not contain a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal. 

9.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  A review of his record shows the applicant participated in the following two campaigns during his service in Iraq:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

	d.  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.

	e.  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.  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.  PO awarded the applicant the Combat Action Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served honorably during the period 5 April 2002 through 19 August 2005.  He served in Iraq and received the Combat Action Badge.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  He requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  He served in Iraq for a period of 12 months; therefore, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 accordingly.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 April 2002 through 4 April 2005
* deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal
* Adding to his DD Form 214 the:

* Combat Action Badge
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon



      _______ _   __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)                                         AR20120009898





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ABCMR Record of Proceedings (cont)                                         AR20120009898



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