IN THE CASE OF:	  

		BOARD DATE:	  18 March 2014 

		DOCKET NUMBER:  AR20130011509 


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, in effect:

	a.  a third award of the Army Commendation Medal (ARCOM), Combat Action Badge (CAB), Iraq Campaign Medal (ICM), and Afghanistan Campaign Medal (ACM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty); and

	b.  the Air Assault School be added to item 14 (Military Education) of his 
DD Form 214.

2.  The applicant states:

* he wants all awards and medals given after he left the service added to his DD Form 214
* the awards and medals he is entitled to were not awarded at the time of his discharge
* he was told an ARCOM and CAB were submitted
* medals for his service in Iraq and Afghanistan were awarded to his unit

3.  The applicant provides no additional documentary evidence.  





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.  In March 2014, the applicant was notified by separate correspondence that he had not exhausted all administrative remedies available to him with regard to his request for the CAB.  He was provided the necessary information to do so.  His request for the CAB will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 8 June 1999, served as an aviation operations specialist, and he was released from active duty on 
30 October 2003. 

4.  His DD Form 214 shows he was authorized or awarded the:

* Army Achievement Medal
* ARCOM (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas Service Bar (2nd Award)
* Aircraft Crewman Badge
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)   

5.  Item 14 of his DD Form 214 does not show he completed the Air Assault School.




6.  Item 18 (Remarks) shows he served in:

* Afghanistan from 15 January to 14 July 2002
* Iraq from 26 February to 13 July 2003

7.  There are no orders for a third award of the ARCOM in the available records.

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

9.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

10.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011-date to be determined)

11.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, ACM, or ICM.  All Soldiers on active duty on or after 
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

12.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was told an ARCOM had been submitted.  However, there are no orders for a third award of the ARCOM in the available records.  Therefore, there is insufficient evidence on which to base adding a third award of the ARCOM to his DD Form 214. 

2.  Based on his service in Iraq, he is eligible for award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Based on his service in Afghanistan, he is eligible for award of the ACM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant requests his DD Form 214 be corrected by showing he completed the Air Assault School.  Since his DD Form 214 shows entitlement to the Air Assault Badge, and the governing regulation states award of the Air Assault Badge requires satisfactory completion of an air assault training course or completion of the standard Air Assault Course, it is reasonable to presume he completed such training.  Therefore, the entry on his DD Form 214 which shows he was awarded/authorized the Air Assault Badge is accepted as sufficient evidence on which to amend item 14 of his DD Form 214 to show he completed the Air Assault Course.

5.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  adding the ICM with two bronze service stars, ACM with one bronze service star, and GWOTSM to his DD Form 214; and

	b.  showing he completed the Air Assault Course in item 14 of his DD Form 214.

2.  The Board further determined that 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 adding a third award of the ARCOM to his DD Form 214.  




      _______ _ 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)                                         AR20130011509



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ABCMR Record of Proceedings (cont)                                         AR20130011509



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