IN THE CASE OF:	  

		BOARD DATE:	  31December 2013

		DOCKET NUMBER:  AR20130005974 


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:

* all unit awards and campaign medals to which he is entitled
* two Army Achievement Medals
* Army Commendation Medal
* German Army Marksmanship Badge
* his service in Iraq

2.  The applicant states his DD Form 214 does not reflect the campaign medals and unit awards his unit received for service in Iraq during Operation Iraqi Freedom and Operation Enduring Freedom, his two awards of the Army Achievement Medal, or the German Army Marksmanship Badge.  Additionally, he never received an Army Commendation Medal for his 3 years of service.  He discovered these errors when he was denied employment with the Veterans Affairs Medical Division when he could not be hired under a Special Hiring Authority because his DD Form 214 did not reflect his service in Iraq.  He believes these errors occurred because he was released from active duty while his unit was still deployed to Iraq.  He also feels he is partly to blame because he did not ensure his awards were properly reflected on his DD Form 214.

3.  The applicant provides:

* certificates for award of the German Army Marksmanship Badge (Bronze)
* memorandum approving wear of the German Army Marksmanship Badge
* Certificate of Appreciation
* two DA Forms 638 (Recommendation for Award)
* 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.  The applicant enlisted in the Regular Army on 7 July 2000 and held military occupational specialty 63G (Fuel and Electrical Systems Repairer).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) and Enlisted Record Brief show he was assigned to the 77th Maintenance Company, Babenhausen, Germany, from 23 January 2001 to 30 November 2003.  His DA Form 2-1 also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 19 September 2002.

4.  His records contain an Army Achievement Medal Certificate which shows Permanent Order (PO) Number 176-07 issued by the 485th Corps Support Battalion, Hanau, Germany, dated 25 June 2003, awarded him the Army Achievement Medal for the period 13 January 2003 to 18 March 2003 for meritorious service while assigned to the 485th Corps Support Battalion during Operation Enduring Freedom.

5.  His records contain an Army Achievement Medal Certificate which shows PO Number 191-01 issued by the 485th Corps Support Battalion, Hanau, Germany, dated 10 July 2003, awarded him the Army Achievement Medal (2nd Award) for the period 12 February 2001 to 16 July 2003 for exceptional meritorious service while assigned to the 77th Maintenance Company as a fuel and electrical technician.

6.  His records do not contain and he has not provided evidence to show he was recommended for or awarded the Army Commendation Medal.

7.  He was honorably released from active duty on 30 November 2003.  His DD Form 214 shows he completed 3 years, 4 months, and 24 days of net active service including 2 years, 10 months, and 7 days of foreign service.  The remarks section does not contain any entries referring to service in Iraq, receipt of hostile fire pay, or any other mobilization.  However, this form does show he was authorized or awarded the:

* National Defense Service Medal
* Army Service Ribbon
* Office of the Secretary of Defense Identification Badge

8.  An email from the Defense Finance and Accounting Service (DFAS), dated 13 December 2013, shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion from 11 March 2003 to 31 October 2003 for service in Kuwait.

9.  He provided two certificates for award of the German Army Marksmanship Badge (Bronze) showing he was awarded this badge on 31 May 2001 and a memorandum approving its wear.

10.  Headquarters, Department of the Army, General Orders (GO) 
Number 2009-32, dated 29 December 2009, awarded the 77th Maintenance Company the Meritorious Unit Commendation for the period 19 March 2003 to 26 November 2003.

11.  On 5 August 2006, the Stars and Stripes newspaper published an article about the 77th Maintenance Company.  This article stated that the 77th Maintenance Company was awarded the Meritorious Unit Commendation for its first deployment to Iraq.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The 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 areas of eligibility (AOE's) 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.

	c.  Iraq Campaign Medal is awarded to members who have served in direct support of 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.  A review of his records shows he participated in the following two campaigns:

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

13.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 continuous years of active service 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.

14.  His records do not contain official orders awarding him the Army Good Conduct Medal.  There is also no record of any derogatory information or actions that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

15.  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.  Chapter 2 establishes standardized policy for preparation of the DD Form 214.  It states for:


* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18 (Remarks) for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"

16.  Section 1130 of the U.S. Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, a DA Form 638 (Recommendation for Award) must be submitted.  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the applicant is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

17.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant's unit the Meritorious Unit Commendation for service in Iraq during the period of his assignment; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

2.  PO awarded the applicant two Army Achievement Medals; therefore, he is entitled to correction of his DD Form 214 to add these awards.

3.  The available evidence confirms he served honorably on active duty during the period 7 July 2000 through 30 November 2003.  He completed a little over 3 years of creditable active service with no lost time.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  With respect to the Army Commendation Medal: 

	a.  There is no evidence in the available records that shows he was awarded the Army Commendation Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal).  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal.

	b.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130.

5.  The evidence of record shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add this badge.

6.  The evidence of record shows he was awarded the German Army Marksmanship Badge (Bronze); therefore, he is entitled to correction of his DD Form 214 to add this foreign badge.

7.  The evidence of record shows the 77th Maintenance Company was awarded the Meritorious Unit Commendation for service in Iraq.  Additionally, DFAS was able to verify he served in Kuwait and received imminent danger pay and combat zone tax exclusion from 11 March 2003 to 31 October 2003.  At the time of his deployment, Kuwait was the staging area for finance for Soldiers serving in Iraq and most Soldiers who served in Iraq have finance records reflecting Kuwait as the location of service.  As such, it is reasonable to presume he served in Iraq. 

	a.  Based on this service he qualified for award of the Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

	b.  This service also entitles him to correction of his DD Form 214 to add the entry "SERVICE IN IRAQ FROM 20030311-20031031" to item 18.


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 (1st Award) for the period 7 July 2000 through 6 July 2003

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

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Meritorious Unit Commendation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* German Army Marksmanship Badge (Bronze)

	c.  adding the entry "SERVICE IN IRAQ FROM 20030311-20031031" to item 18 of his DD Form 214.

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 the Army Commendation 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)                                         AR20130005974



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ABCMR Record of Proceedings (cont)                                         AR20130005974



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