AR20150009848

BOARD DATE: 10 November 2015

DOCKET NUMBER: AR20150009848

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 DDForm214 (Certificate of Release or Discharge from Active Duty) to show his authorized awards.

2. The applicant states that he was assigned to Company C, 1st Battalion,
8th Cavalry and he served in Iraq in support of Operation Iraqi Freedom. He was stationed at Forward Operating Base (FOB) Falcon from March 2004 to April 2005 and supported the U.S. Marines in operations to the south of the FOB. He also deployed to New Orleans, LA, after Hurricane Katrina in 2005 and helped train the Inactive National Guard. He adds that his service qualifies him for award of the Iraq Campaign Medal with bronze service stars, North Atlantic Treaty Organization (NATO) Medal, Iraq Commitment Medal, and Kurdish-Iraqi-Levantine Liberation Medal of Excellence.

3. The applicant provides no additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 and entered active duty on 8 January 2003 for a period of 3 years. He was awarded military occupational specialty 19K (M1 Armor Crewmember). He was promoted to specialist (SPC)/pay grade E-4 on
1 November 2004.

3. His Enlisted Record Brief, dated 14 November 2006, shows in Section VIII (Awards and Decorations) the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Iraq Campaign Medal
* Global War on Terrorism Service Medal

4. The applicant’s DDForm214 shows he was honorably released from active duty on 7 January 2006 and transferred to the U.S. Army Reserve to complete his Reserve obligation. He had completed 3 years of active service this period that included 1 year and 26 days of foreign service in Iraq from 6 March 2004 to 1 April 2005. Item13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215, issued on
6 October 2009, shows the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Combat Action Ribbon
* Marksman Marksmanship Qualification Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with 3 Bronze Service Stars
* Overseas Service Ribbon

5. A review of the applicant’s military personnel records failed to reveal evidence that he was authorized or awarded the NATO Medal, the Iraq Commitment Medal, or the Kurdish-Iraqi-Levantine Liberation Medal of Excellence.

6. A review of the applicant’s military personnel records reveals he may be entitled to an additional award that is not shown on his DD Form 214.

7. A review of the applicant’s military personnel records failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM). This review also failed to reveal any adverse or derogatory information, or evidence of a commander’s disqualification that would have precluded him from being recommended for or awarded the AGCM (1stAward).

8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

a. 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

b. The NATO Medal was authorized by the Secretary-General of the NATO for specific NATO operations. The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO. The NATO Medal is normally presented by the Allied Command Europe headquarters exercising operational command or control over U.S. military units or individuals prior to their departure from service with NATO. MILPER Message 11-200 states that all NATO Medal requests must be submitted to SHAPE within two years of leaving the operational area.

c. Chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel), paragraph 9-3 (Foreign Decorations), shows that decorations received which have been tendered in recognition of active field service in connection with combat operations or which have been awarded for outstanding or unusually meritorious performance may be accepted and worn upon receiving the approval of Commander, U.S. Army Human Resources Command, Awards and Decorations Branch, 1600 Spearhead Division Avenue, Fort Knox, KY 401225408.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends his DDForm214 should be corrected to show his authorized awards and decorations.

2. Records show the applicant served in Iraq from 6 March 2004 to 1 April 2005 and his DD Form 214, as corrected by a DD Form 215, shows award of the Iraq Campaign Medal with 3 Bronze Service Stars.

3. There is no evidence of record, and the applicant fails to provide documentary evidence, that shows he was awarded the NATO Medal, Iraq Commitment Medal, or Kurdish-Iraqi-Levantine Liberation Medal of Excellence.

4. The applicant served a period of continuous, honorable active duty enlisted service from 8 January 2003 through 7 January 2006.

a. There is no evidence of any disciplinary actions, adverse information, or a commander’s disqualification for the AGCM (1st Award).

b. He attained the rank of SPC/E-4 and he was awarded the Army Commendation Medal.

c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1stAward) for the period 8 January 2003 through 7 January 2006.

5. In view of the foregoing, it would be appropriate to correct the applicant’s DDForm214 to show his awards and decorations as recommended below.

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 Army Good Conduct Medal (1stAward) for the period
8 January 2003 through 7 January 2006 (Standard Name Line: SPC Company C, 1st Battalion, 8th Armor, Fort Hood, TX 76544-5056); and

b. adding to item13 of his DDForm214 the Army Good Conduct Medal
(1st Award).

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 the North Atlantic Treaty Organization Medal, Iraq Commitment Medal, and Kurdish-Iraqi-Levantine Liberation Medal of Excellence.

_______ _ 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) AR20150009848

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1

ABCMR Record of Proceedings (cont) AR20150009848

5

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1