IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140020466 


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 award of the Combat Action Badge (CAB) and the Army Good Conduct Medal (AGCM) (2nd Award), and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show one bronze service star for wear on his Afghanistan Campaign Medal (ACM), two bronze service stars for wear on his Iraq Campaign Medal (ICM), and marksmanship badges.

2.  The applicant states:  

	a.  He was assigned to the 108th Military Police (MP) Company (Airborne) in Iraq from 7 April 2003 to 6 April 2004.  During this period, he was personally present and actively engaged against hostile forces on multiple occasions.

	b.  His combat experiences occurred prior to the creation and approval of the CAB on 2 May 2005.

	c.  He is eligible for the second award of the AGCM because he was honorably discharged and his service does not reflect derogatory information.  

	d.  He is authorized one bronze service star for wear on his ACM because he served in Afghanistan in support of Operation Enduring Freedom (OEF) from 
23 December 2001 to 12 July 2002.

	
	e.  He is authorized two bronze service stars for wear on his ICM because he served in Iraq in support of Operation Iraqi Freedom (OIF) from 7 April 2003 to 
6 April 2004.

	f.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect multiple small arms qualifications (marksmanship badges) he is eligible for as verified by his DA Form 638 (Recommendation for Award).

3.  The applicant provides: 

* his DD Form 214
* his U.S. Army Reserve discharge orders
* his Enlisted Record Brief
* an excerpt of Army Regulation 600-8-22 (Military Awards) pertaining to the CAB
* two DA Forms 638
* a third-party statement of support and military records pertaining to a third-party
* an excerpt of Army Regulation 600-8-22 pertaining to the AGCM
* orders for the AGCM (1st Award) 
* a printout from the U.S. Army Human Resources Command (HRC) website pertaining to the ACM and the ICM
* an excerpt of Army Regulation 600-8-22 pertaining to marksmanship badges and tabs
* an email from the applicant addressed to HRC pertaining to the AGCM and the CAB
* his Noncommissioned Officer Evaluation Report (NCOER) covering the period February 2004 through October 2004

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 21 August 2000.  Permanent orders show he was awarded the first award of the AGCM for the period 
21 August 2000 to 20 August 2003.

3.  His record contains an undated DA Form 638, in which he was recommended for the Army Achievement Medal.  Part III (Justification and Citation Data) includes the following statement:  "[The applicant] consistently qualified expert on three weapons systems during his one year assignment at Fort Bragg."  However, this form does not identify the weapons with which he qualified.  A review of his available military records failed to reveal orders or any other documentation identifying the weapons or indicating the qualification degree (Expert, Sharpshooter, or Marksman).

4.  His record contains a DA Form 638, dated 8 November 2003, in which he was recommended for award of the Army Commendation Medal for service during the period 4 April 2003 to 1 February 2004.  Part III includes the following statement: "Relying independently on his combat training, he was instrumental in leading his team and assisting his squad to repel armed attacks against the patrols by enemy forces."

5.  His NCOER covering the period February 2004 through October 2004 includes the following bullet comments:  

* conducted hazardous missions in combat environment under hostile fire
* superb tactical ability enabled him to lead patrols through two improvised explosive device ambushes without loss of life

6.  His record is void of derogatory information or a unit commander disqualification statement which would have precluded him from being awarded the second award of the AGCM.

7.  He was honorably released from active duty in the rank and grade of sergeant (SGT)/E-5 on 29 September 2006.  His DD Form 214 shows he was awarded the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Afghanistan Campaign Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* German Armed Forces Parachutist Badge-Bronze

8.  His DD Form 214 shows he served in Afghanistan from 23 December 2001 through 12 July 2002 and Iraq from 7 April 2003 through 6 April 2004.

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

	a.  The requirements for award of the CAB are branch and military occupational specialty 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.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  The AGCM may be awarded for each 3 years of continuous enlisted active Federal service completed on or after 
27 August 1940.:

	c.  A bronze service star is authorized for wear with the ACM for participation in each credited campaign.  Approved campaigns include Consolidation I (1 December 2001-30 September 2006).

	d.  A bronze service star is authorized for wear with the ICM for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	e.  The Marksman Qualification Badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CAB, AGCM (2nd Award), and correction of his DD Form 214 to show additional awards was carefully considered.

2.  His DA Form 638, dated 8 November 2003, and his NCOER covering the period February 2004 to October 2004, each confirm he was personally present and actively engaged or was engaged by the enemy during his service in Iraq.  
It appears he met the criteria for award of the CAB.  Therefore, it would be appropriate to award him the CAB for actions during the period 7 April 2003 to    6 April 2004 (his dates of service in Iraq) at this time and to add this award to his DD Form 214.

3.  He was honorably released from active duty in the rank of SGT and his record is void of derogatory information or a unit commander disqualification that would preclude him from receiving the AGCM (2nd Award).  Therefore, it would be appropriate to award him the AGCM (2nd Award) for his qualifying period of honorable active service from 21 August 2003 to 20 August 2006 and to add this award to his DD Form 214.

4.  He was awarded the ACM and he participated in one campaign during his service in Afghanistan.  Therefore, he is authorized one bronze service star for wear on his ACM and correction of his DD Form 214 to show this bronze service star.

5.  He was awarded the ICM and he participated in two campaigns during his service in Iraq.  Therefore, he is authorized two bronze service stars for wear on his ICM and correction of his DD Form 214 to show these bronze service stars.

6.  His contention that he qualified with multiple small arms is not in doubt.  However, in the absence of orders or any other evidence indicating the type of weapons and the degree of qualification, there is insufficient documentary evidence at this time to amend his DD Form 214 to show any marksmanship badges.








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.  awarding him the CAB for actions during the period 7 April 2003 to 6 April 2004;

	b.  awarding him the AGCM (2nd Award) for service during the period 
21 August 2003 to 20 August 2006; and 

	c.  amending his DD Form 214 by deleting the ACM, the ICM, and the AGCM, and adding the:

* Army Good Conduct Medal (2nd Award)
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars 
* Combat Action Badge

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 amending his DD Form 214 by adding marksmanship qualification badges.  



      _____________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)                                         AR20140020466



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ABCMR Record of Proceedings (cont)                                         AR20140020466



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