IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001510 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add all of his awards, to include the following:

* Army Commendation Medal (ARCOM) with two Oak Leaf Clusters and the “V” Device (three awards)
* Combat Infantryman Badge (CIB)

2.  The applicant states an accurate record of his Army service and in particular the awards he earned in combat are crucial to his finding employment.  He was unaware of the incorrect nature of his DD Form 214 until he sought employment in the security industry.  Prospective employers are interested in his awards, and for reasons of personal well-being and pride he would like to see his awards accurately reflected on his DD Form 214.

3.  The applicant provides copies of:

* A DA Form 638 (Recommendation for Award) with a Certificate, dated             9 December 2005
* A DA Form 638 (reverse side only) with a Certificate, dated 9 May 2006
* A DA Form 638 with a Certificate, dated 6 June 2006



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.  Records show the applicant enlisted in the Regular Army on 17 February 2004, beginning in the rank of specialist, pay grade E-4.  He completed training in military occupational specialty 11B (Infantryman).

3.  On 1 December 2004, the applicant was assigned as an infantryman to Headquarters and Headquarters Company, 1st Battalion, 30th Mechanized Infantry.

4.  On 27 July 2005, the applicant was reassigned within the battalion for duty as a grenadier with Company B.

5.  Permanent Orders 206-25, 42nd Infantry Division, dated 25 July 2005, announced award of the CIB for his participation in combat operations under enemy hostile fire on 29 May 2005.

6.  A DA Form 638, initiated on 15 October 2005, recommended the applicant for award of the ARCOM for meritorious service during Operation Iraqi Freedom III from 19 January to 31 December 2005.  The reverse side indicates issuance of Permanent Orders Number 340-057, dated 6 December 2005.

7.  The reverse side of a DA Form 638 shows that Permanent Orders Number 129-08, dated 9 May 2006, were issued awarding the applicant the ARCOM for meritorious service from 8 December 2004 until his release from active duty on 30 April 2006.

8.  A DA Form 638, initiated on 25 January 2006, recommended the applicant for award of the ARCOM with “V” device for heroic action on 15 September 2005 in Iraq.  The reverse side indicates issuance of Permanent Orders Number 
158-020, dated 6 June 2006.  The accompanying certificate states he performed courageously against an aggressive enemy while under fire and at great risk to his own safety.

9.  On 30 April 2006, the applicant was honorably released from active duty due to completion of required active service.  He completed his first full term of service.  His DD Form 214 shows:

	a.  his awards as:

* National Defense Service Medal
* Army Service Ribbon
* Iraq Campaign Medal

	b.  his foreign service as 1 year and 2 days; and

	c.  a remark: "Service in Iraq 20050115 – 20050115."

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

	a.  The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 
3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

   b.  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 global war on terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, 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 days or 60 nonconsecutive days are authorized the GWOTSM.

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

	d.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  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.  The applicant contends that his DD Form 214 should be corrected to add all of his awards, to include the following:

* Army Commendation Medal (ARCOM) with two Oak Leaf Clusters and the “V” Device (three awards)
* Combat Infantryman Badge (CIB)

2.  Permanent orders announced the applicant’s award of three ARCOMs, with one including a “V” Device.  Therefore, his DD Form 214 should be corrected to show the ARCOM with two Oak Leaf Clusters and the “V” Device.

3.  Permanent orders announced the applicant’s award of the CIB.  Therefore, this badge should be shown on his DD Form 214.

4.  The available evidence shows the applicant served his first full term of service and received an honorable characterization of service.  He distinguished himself in the performance of his military service as evidenced by his rank of specialist and receiving multiple awards for heroic and meritorious service.  Furthermore, there is no evidence of any misconduct or other reason for which he could have been denied award of the AGCM.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal and it should be shown on his DD Form 214.

5.  The available evidence of record shows that the applicant served a qualifying period of active duty for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

6.  The available evidence indicates that the applicant served overseas for a period of 1 year and 2 days.  He began his deployment in Iraq on or about
15 January 2005.  However, the remarks block of his DD Form 214 states the same date for both arrival and departure from Iraq.  This is an obvious error.  It would be appropriate to correct these dates to show he served in Iraq for 1 year and 2 days commencing on 15 January 2005 and ending on 16 January 2006.

7.  The available evidence shows that the applicant participated in two campaign periods during his deployment to Iraq.  Therefore, he is authorized to wear two bronze service stars on his Iraq Campaign Medal.

8.  The applicant served during a qualifying period in Iraq and is authorized the Overseas Service Ribbon.

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 for the period 
17 February 2004 to 30 April 2006;

	b.  deleting from his DD Form 214 the Iraq Campaign Medal and the remark, “Service in Iraq 20050115 – 20050115”;

	c.   adding to his DD Form 214 the following awards:

* Army Commendation Medal with two Oak Leaf Clusters and a “V” Device
* Army Good Conduct Medal (First Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Combat Infantryman Badge

	d.  adding to the remarks block of his DD Form 214: "SERVICE IN IRAQ: 20050115 -20060116."




__________ _   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)                                         AR20140001510





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ABCMR Record of Proceedings (cont)                                         AR20140001510



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