BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130007360 


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 two Army Commendation Medals, Combat Action Badge, Valorous Unit Award, and Overseas Service Ribbon.  He also requests to replace the Global War on Terrorism Expeditionary Medal with the Iraq Campaign Medal with two bronze service stars.

2.  The applicant states the awards and medals were issued while he was on terminal leave during his inactive Reserve period and after his discharge from the military.  He also understands that he is not entitled to both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal and would rather have the latter entered on his DD Form 214.

3.  The applicant submitted the following documents in support of his application: 

* DD Form 214
* DA Form 638 (Recommendation for Award)
* two permanent 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.  The applicant's record shows he enlisted in the Regular Army (RA) on 17 July 2001.

3.  The applicant submitted:

	a.  a DA Form 638, dated 9 June 2005, which shows in:

		(1)  item 8 (Previous Awards) the Army Achievement Medal and Army Commendation Medal, 

		(2)  Part V (Orders Data) Permanent Orders Number 180-003, issued by Headquarters, 1st Brigade Combat Team, 1st Cavalry Division awarded him the Army Commendation Medal for meritorious service while assigned to the 20th Engineer Battalion;

	b.  Permanent Orders Number 241-209, issued by Headquarters, 1st Cavalry Division, which awarded him the Combat Action Badge in support of Operation Iraqi Freedom II; and

	c.  Permanent Orders Number 260-03, issued by the U.S. Army Human Resources Command, dated 16 September 2009, which awarded the unit the applicant was assigned to the Valorous Unit Award for extraordinary heroism during the period 5 August to 7 November 2004.

4.  On 16 July 2005, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed a total of 4 years creditable active service.  Item 18 (Remarks) of his DD Form 214 shows the entry Iraq service: 20040312 – 20050314.  His DD Form 214 does not show award of the Valorous Unit Award, Combat Action Badge, Iraq Campaign Medal with two bronze service stars, or Overseas Service Ribbon.  It does show one Army Commendation Medal and the Global War on Terrorism Expeditionary Medal. 



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

	a.   for award of the Iraq Campaign Medal is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the following campaigns: 

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

	b.  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.

	c.  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.  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.  Permanent orders show he was awarded the Army Commendation Medal for service while assigned to the 20th Engineer Battalion.  Evidence also indicates he was awarded a previous Army Commendation Medal.  However, in the absence of orders showing award of an additional Army Commendation Medal, he is not entitled to have his DD Form 214 corrected to show the second award of the Army Commendation Medal.

2.  Evidence of record shows that applicant was awarded the Combat Action Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  Permanent orders show the unit to which the applicant was assigned in Iraq was awarded the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant requested to replace the Global War on Terrorism Expeditionary Medal that is listed on his DD Form 214 with the Iraq Campaign Medal with two bronze service stars.  The evidence shows the applicant served for a qualifying period of service for this award.  As such, he is entitled to amendment of his DD Form 214 to list the requested award.

5.  Evidence of record shows the applicant served for a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show this ribbon.

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 amending his DD Form 214 to:

	a.  delete the Global War on Terrorism Expeditionary Medal and 

	b.  add the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, Valorous Unit Award, and Combat Action Badge.

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 (2nd 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)                                         AR20130007360



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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