IN THE CASE OF:	 

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140015871


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 to be awarded the Silver Star, the Combat Action Badge (CAB) and the Iraq Campaign Medal.

2.  The applicant states, in effect, that: 

* He served in Iraq from March 2004 to March 2005 attached to Navy SEAL Team 8 under "Protection Deal Iraq Prime Minister" for approximately six months
* He walked motorcades routes, swept office buildings and vehicles, including his own office and home for mines and explosives
* In March 2005, while sweeping a motor route with Seal Team 8, he located a mine buried on a dirt roadway; the mine was disarmed and carried away by a Navy Explosive Ordnance Disposal (EOD) unit
* He handled a canine to conduct explosive searches
* He conducted combat operations with the 10th Mountain Division and 1st Cavalry Division
* He would like to reenlist in the Pennsylvania Army National Guard (PAARNG), and he feels like he earned these awards

3.  The applicant provides:

* his resume
* an article from the Pennsylvania Guardian Magazine
* a government identification (ID) card
* a U.S. Embassy, Baghdad ID card for the applicant and his dog
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 has prior United States Marine Corps Reserve service from
7 February 1980 to 7 February 1986.

3.  On 23 May 1994, the applicant enlisted in the PAARNG.  He completed basic training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  He reenlisted in the PAARNG on 30 July 1996.  On 11 February 2002, he was honorably discharged.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period):

* Army Service Ribbon
* National Defense Service Ribbon
* Army Achievement Medal
* Driver and Mechanic Badge

5.  He enlisted in the PAARNG on 28 July 2003. 

6.  His DA Form 2-1 (Personnel Qualification Records) shows: 

* item 5 (Overseas Service): no entry
* item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* National Defense Service Ribbon
* Army Achievement Medal
* Driver Mechanic Badge
7.  An NGB Form 22 shows he was honorably discharged on 27 July 2004.  It does not show he was awarded the Silver Star, the CAB, or the Iraq Campaign Medal.  There is no evidence showing he served in a active duty status as a member of the Armed Forces subsequent to his discharge in July 2004.

8.  The applicant provides a copy of his and his dog's ID card from the U.S. Embassy in Baghdad, Iraq, and a copy of his resume which states that he was employed with the Department of the Army as a "military explosive dog handler."  It appears that he performed this duty in a civilian status

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

   a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The Silver Star may be awarded to civilians during a time of war under limited circumstances.

   b.  The requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The CAB is not awarded to civilians.

10.  A Military Awards Branch message, dated 8 April 2005, provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations (each day of operations counts as one day of eligibility).  This campaign medal may be awarded posthumously.  There are no provisions for awarding the Iraq Campaign Medal to civilians.

11.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to show that the applicant was recommended or awarded the Silver Star.  Therefore, there is no basis for correcting any of his records to show this award.  However, nothing in these Proceedings should be construed as preventing him from seeking award of this medal under the provisions of 10 USC 1130.

2.  The award of the CAB is announced in permanent orders.  There are no permanent orders in his records and he provides none to show he was awarded the CAB.  Additionally, the CAB is not awarded to civilians.  Therefore, there is no basis for correcting his record to show he was awarded the CAB. 

3.  Although the applicant provides documentation indicating he was working in the U.S. Embassy in Baghdad, Iraq, there is no documentation in the applicant's official military personnel file (OMPF), nor does he provide any orders or other documentation to show he served in Iraq in a active duty status; therefore, there is no basis for awarding him the Iraq Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   ___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)                                         AR20140014083



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ABCMR Record of Proceedings (cont)                                         AR20140015871



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