IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130013456 


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: 

* delete one of his Global War on Terrorism Expeditionary Medals
* add the Combat Action Badge, two bronze service stars for wear on his already-awarded Iraq Campaign Medal, and a second award of the Iraq Campaign Medal

2.  The applicant states he wants to keep the Global War on Terrorism Expeditionary Medal he was awarded for his first deployment to Iraq and accept the Iraq Campaign Medal for his second deployment to Iraq in lieu of the second award of the Global War on Terrorism Expeditionary Medal.  It is clear that his DD Form 214 is missing his Combat Action Badge and the Iraq Campaign Medal is missing the bronze service stars.

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.  The applicant enlisted in the Regular Army on 19 May 2000 and he held military occupational specialty 19D (Cavalry Scout).  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 March 2006.  He was assigned to A Troop, 1st Squadron, 14th Cavalry Regiment, Fort Lewis, WA, on 8 September 2006.

3.  He was honorably discharged from active duty on 29 May 2008 in the rank of SSG by reason of completion of required active service.

4.  The DD Form 214 he was issued shows award of the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (2nd Award)
* Global War on Terrorism Service Medal 
* Kosovo Campaign Medal
* Iraq Campaign Medal 
* overseas service bar (5th Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon 
* North Atlantic Treaty Organization (NATO) Medal
* Driver and Mechanic Badge with Wheeled Vehicle Bar

5.  His DD Form 214 shows he served in an imminent danger pay area as follows:

* Kosovo, from 26 November 2000 to 25 May 2001
* Iraq, from 31 October 2003 to 23 October 2004 and from 27 June 2006 to 3 September 2007

6.  The applicant provides and his records contain Permanent Orders (PO)
031-63, dated 31 January 2008, issued by Headquarters, 2nd Infantry Division, awarding him the Combat Action Badge for actions on 11 October 2004.

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

	a.  Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations.  One bronze service star will be worn for participation in each campaign.  A review of his records show he participated in one campaign during his service in Kosovo.

   b.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual; therefore, second or subsequent awards will not be awarded.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records show he participated in two campaigns during his second period of service in Iraq.

   c.  Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Only one award of the Global War on Terrorism Expeditionary Medal may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 

8.  A review of the U.S. Army Human Resources Command website shows A Troop, 1st Squadron, 14th Cavalry Regiment was cited for award of the Valorous Unit Award for the period 5 through 22 April 2007 by Department of the Army General Order (DAGO) Number 162-04, dated 2008.

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 badge.

2.  His records confirm he participated in one campaign during his service in Kosovo.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Kosovo Campaign Medal and correction of his DD Form 214 accordingly.

3.  His records confirm he participated in two campaigns during his service in Iraq.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 accordingly.
4.  GO awarded his unit in Iraq the Valorous Unit Award during the period of his assignment to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to a second award of the Iraq Campaign Medal, governing regulations state only one award of this medal is authorized for any individual.  Therefore, he is not entitled to this portion of the requested relief.

6.  With respect to the Global War on Terrorism Expeditionary Medal (2nd Award) shown on his DD Form 214, the governing regulations states only one award of this medal is authorized for any individual.  However, it is the policy of the Board not make an applicant worse off for having applied for a correction to their record.  Therefore, no action will be taken to correct his DD Form 214 to show only one award of 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 amending his DD Form 214 as follows:

* deleting the Kosovo Campaign Medal and the Iraq Campaign Medal
* adding the:

* Combat Action Badge
* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Valorous Unit Award

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 a second award of the Iraq Campaign 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)                                         AR20130013456





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ABCMR Record of Proceedings (cont)                                         AR20130013456



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