IN THE CASE OF:	

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150001290 


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 the following awards:

* Army Good Conduct Medal (AGCM)
* Combat Action Badge (CAB)
* three Army Commendation Medals (ARCOM)

2.  The applicant states these awards should be annotated on his DD Form 214.

3.  The applicant provides:

* three DA Forms 638 (Recommendation for Award) and ARCOM Certificates
* memorandum for record from his company commander, dated 26 May 2005
* DD Form 214

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 14 February 2002 and trained as an armor crewman.

3.  He provided the following orders for award of the ARCOM:

* Headquarters, 1st Brigade, 1st Cavalry Division, Fort Hood, TX, Permanent Order Number 044-018, dated 13 February 2003, for meritorious achievement during the period 18 November 2002 to 21 December 2002
* Headquarters, 1st Brigade Combat Team, Fort Hood, TX, Permanent Order Number 348-104, dated 13 December 2004, for meritorious service during the period 15 March 2004 to 15 March 2005
* Headquarters, 1st Brigade Combat Team, Fort Hood, TX, Permanent Order Number 131-003, dated 11 May 2005, for meritorious service during the period 1 August 2002 to 30 June 2005

4.  He also provided a memorandum for record from his company commander, dated 26 May 2005, which states:

* the applicant was deployed to Baghdad, Iraq, from 14 March 2004 to 14 March 2005 with Company B, 2nd Battalion, 8th Cavalry Regiment, in support of Operation Iraqi Freedom
* he was engaged by and engaged insurgent forces on multiple occasions

5.  On 31 May 2005, he was honorably released from active duty in the rank of sergeant after completing 3 years, 3 months, and 17 days of creditable active service with no lost time.

6.  His DD Form 214 shows he was awarded or authorized the:

* Army Lapel Button
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

7.  There is no evidence indicating he was awarded the AGCM.  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) states the 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 of less than 3 years, but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Army Regulation 600-8-22 states 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.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.  Only one CAB may be awarded during a qualifying period.  
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank of sergeant with over 3 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 14 February 2002 through 13 February 2005 based on completion of 3 years of qualifying service.  He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

2.  The memorandum for record from the applicant's company commander which states the applicant was engaged by and engaged insurgent forces on multiple occasions while serving with Company B, 2nd Battalion, 8th Cavalry Regiment, in support of Operation Iraqi Freedom from 14 March 2004 to 14 March 2005 is accepted as sufficient evidence on which to base awarding him the CAB and adding this award to his DD Form 214.

3.  Permanent orders awarded him three ARCOMs.  His DD Form 214 should be corrected to show these awards.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for the period 14 February 2002 through 13 February 2005,

	b.  awarding him the CAB effective 14 March 2005, and

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

* ARCOM (3rd Award)
* AGCM (1st Award)
* CAB



      ___________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)                                         AR20150001290



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001290



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1