IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20140015932 


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 award of the:

* Army Commendation Medal
* Combat Action Badge
* Army Achievement Medal

2.  The applicant states he was not aware he could have his DD Form 214 amended to show the awards until he started working with the American Legion on his Department of Veterans Affairs paperwork in 2014.

3.  The applicant provides:

* Army Commendation Medal Certificate bearing Permanent Order Number 101-472
* Army Achievement Medal Certificate bearing Permanent Order Number 135-001
* Permanent Order Number 079-028D

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 12 July 2005.  He completed training and he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  The evidence shows he served in Iraq during the period 
2 August 2006 through 14 October 2007.

3.  The applicant provides and his record contains a certificate showing Permanent Order Number 135-001, issued by Headquarters, 2nd Battalion, 27th Infantry Regiment, Schofield Barracks, HI, dated 15 May 2007, awarded him the Army Achievement Medal. 

4.  On 30 August 2008, upon completing 3 years, 1 month, and 19 days of net active service he was honorably discharged in the rank/grade of specialist (SPC)/E-4.  His DD Form 214 shows he was awarded or authorized:

* Iraq Campaign Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge - Mechanic (properly known as the Driver and Mechanic Badge with "Mechanic" Bar)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Mechanic Clasp (properly known as the Driver and Mechanic Badge with "Mechanic" Bar)
* Army Lapel Button
* Overseas Service Bar (2nd Award)

5.  His DD Form 214 also shows he served in Iraq from 2 August 2006 to 
14 October 2007.

6.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military records to indicate his commanders denied him the first award of the Army Good Conduct Medal.

7.  The applicant provides:

   a.  A certificate showing Permanent Order Number 101-472, issued by Headquarters, 3rd Infantry Brigade Combat Team, Kirkuk, Iraq, dated 11 April 2007, awarded him the Army Commendation Medal.

   b.  Permanent Order Number 079-028D, issued by Headquarters, 25th Infantry Division, dated 20 March 2007, which awarded him the Combat Action Badge.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
  
   a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is three 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 Army Good Conduct Medal, disqualification must be justified. 

	b.  The Iraq Campaign Medal is awarded to members who 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's tour of duty in Iraq, participation credit was awarded for two campaigns:  National Resolution (16 December 2005 - 9 January 2007) and Iraqi Surge (10 January 2007 - 31 December 2008).

   c.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary Medal, 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 Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal, Combat Action Badge, and Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action taken against him or a justification of disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the first award of the Army Good Conduct Medal prior to his discharge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award), for the period 12 July 2005 through 11 July 2008, and to correct his DD Form 214 to show this award.

3.  Based on his dates of service in Iraq, he is entitled to award of the Iraq Campaign Medal with two bronze service stars.

4.  The evidence of record shows the applicant served on active duty from          12 July 2005 to 30 August 2008.  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and he is entitled to correction of his DD Form 214 to show this award.

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 (1st Award) for the period
12 July 2005 through 11 July 2008;  
   
   b.  deleting the Iraq Campaign Medal from his DD Form 214; and
   c.  adding the following awards to his DD Form 214:
   
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Combat Action Badge
* Army Achievement Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service 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)                                         AR20140015932



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ABCMR Record of Proceedings (cont)                                         AR20140015932



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