BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017107 


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 the Combat Action Badge, Army Good Conduct Medal, and any awards he is authorized for his participation in Operation Iraqi Freedom (OIF).

2.  The applicant states he served as an M1A2 Tank Gunner during OIF from 
31 March 2003 to 15 September 2003.  He left the Army before his unit returned from Southwest Asia and he contends that he never received the medals or awards prior to his release from active duty.

3.  The applicant provides a copy of his DD Form 214.

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 Combat Action Badge:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  His records show he enlisted in the Regular Army on 3 August 2000 and he held military occupational specialty 19K (M1 Armor Crewman).

4. On 20 December 2003, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years, 4 months, and 18 days of net active service.  His last duty assignment was with C Troop, 1st Squadron, 10th Cavalry Regiment, Fort Hood, TX.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army lapel button
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Service Ribbon

* item 18 (Remarks) – "Service in Southwest Asia 20030331-20030915"

5.  His record is void of documentation showing he deployed to Iraq.

6.  Defense Finance and Accounting Service (DFAS) records indicate he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion for Kuwait from 1 April 2003 through 10 September 2003.

7.  There are no orders in his record that show award of the Army Good Conduct Medal.

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 Army Military Human Resource Record.

	c.  Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

   d.  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:

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

10.  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.

11.  In an email, dated 28 March 2013, the applicant elected to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

12.  Department of the Army General Orders Number 2009-08, dated 29 December 2009, awarded the Valorous Unit Award  to the 1st Squadron, 10th Cavalry for the period 24 April 2003 to 22 March 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Army Good Conduct Medal and any awards he is authorized for his participation in OIF.

2.  DFAS records indicate he received HFP/IDP from 1 April 2003 through 10 September 2003 for service in Kuwait; however, during this period he would likely have been processed into the theater of operations through Kuwait, which is why DFAS records show special pay for that country.

3.  He served a qualifying period of service for award of the Iraq Campaign Medal.  He also participated in two campaigns during this period.  Therefore, he is entitled to correction of his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

4.  His records also show he completed a period of service that qualifies him for award of the Global War on Terrorism Service Medal which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.


5.  His record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal and correction of his records to show this award. 

6.  His unit was awarded the Valorous Unit Award for a period of service during which he was assigned to the unit.  Therefore, he is entitled to correction of his record to show the Valorous Unit Award.

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 Army Good Conduct Medal (1st Award) for the period
3 August 2000 through 2 August 2003 and

	b.  adding to item 13 of his DD Form 214 the:

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




      _______ _   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)                                         AR20120017107





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ABCMR Record of Proceedings (cont)                                         AR20120017107



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