IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007730 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 two Army Commendation Medals (ARCOMs) and his deployment dates in Iraq. 2. The applicant states: a. The two ARCOMs and his first deployment to Iraq from March 2003 to February 2004 were never recorded on his DD Form 214. b. He earned these medals for his service to his country. 3. The applicant provides: * ARCOM Certificate * two DA Forms 638 (Recommendation for Award) * temporary change of station orders * memorandum for record, dated 11 November 2003 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 13 June 2002. 3. He provided temporary change of station orders, dated 11 February 2003, showing his unit was transferred from Germany to Kuwait in support of Operation Enduring Freedom. 4. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 9 March 2003 through 11 February 2004. 5. Headquarters, 7th Corps Support Group, Permanent Orders 337-177, dated 3 December 2003, awarded him the ARCOM for meritorious achievement during Operation Iraqi Freedom for the period 19 March 2003 to 1 February 2004. The justification and citation data for this award states he served many hours providing security and safety to fellow Soldiers on Logistic Support Activity Anaconda (the largest support base in Iraq) by performing force protection duties during Operation Iraqi Freedom. 6. There are no orders for a second award of the ARCOM in the available records. However, he provided the first page of a DA Form 638, dated 15 November 2004, showing he was recommended for award of the ARCOM for meritorious service for the period 3 February 2003 to 12 June 2005 as an expiration term of service award. The reverse side of this form showing approval and orders issuing authority is missing. 7. On 12 June 2005, he was honorably released from active duty in the rank of specialist after completing 3 years of creditable active service with no lost time. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). 8. His DD Form 214 for the period ending 12 June 2005 shows he was awarded or authorized the: * National Defense Service Medal * Army Lapel Button * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon 9. Item 18 (Remarks) of his DD Form 214 for the period ending 12 June 2005 shows no deployments. 10. There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM) for his period of service from 13 June 2002 through 12 June 2005. There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. 11. He was subsequently ordered to active duty as a member of the U.S. Army Reserve from 26 September 2005 to 1 November 2006. 12. His records contain Headquarters, 322nd Maintenance Company (Direct Support), Permanent Orders 06-279-0117, dated 5 October 2006, awarding him the AGCM (1st Award) for the period 26 September 2005 to 1 November 2006. 13. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. c. The Iraq Campaign Medal (ICM) is awarded to service members who served in direct support of Operation Iraqi Freedom. 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Relevant approved campaigns include: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) 14. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends he was awarded two ARCOMs, available orders only show he was awarded one ARCOM. The first page of the DA Form 638 provided by the applicant which shows he was recommended for a second ARCOM was noted. However, since the second page of this form containing the approval authority action is missing and there are no other orders for a second award of the ARCOM in the applicant's available records, there is insufficient evidence on which to base adding two awards of the ARCOM to his DD Form 214. His DD Form 214 should be corrected to show one award of the ARCOM. 2. Defense Finance and Accounting Service records combined with his DA Form 638 awarding him the ARCOM for meritorious achievement during Operation Iraqi Freedom confirmed his deployment to Kuwait/Iraq from 9 March 2003 to 11 February 2004. Item 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 9 March 2003 to 11 February 2004. 3. Based on his service in Kuwait/Iraq and participation in two campaigns, he is authorized award of the ICM with two bronze service stars. His DD Form 214 does not show this medal. 4. Notwithstanding issuance of his first award of the AGCM for the period 26 September 2005 to 1 November 2006, he was previously released from active duty in the rank of specialist with 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 13 June 2002 through 12 June 2005 based on completion of 3 years of qualifying service. He should be awarded the AGCM (1st Award) for the period 13 June 2002 through 12 June 2005 and his DD Form 214 for the period ending 12 June 2005 should be corrected to show this award. 5. Since the governing regulation states only the first award of the AGCM ends with the termination of a period of active Federal military service of less than 3 years but more than 1 year, and based on awarding him the AGCM (1st Award) for the period 13 June 2002 through 12 June 2005, the orders, dated 5 October 2006, awarding him the AGCM (1st Award) for the period 26 September 2005 to 1 November 2006 should be revoked and removed from his Official Military Personnel File. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. revoking Headquarters, 322nd Maintenance Company (Direct Support), Permanent Orders 06-279-0117, dated 5 October 2006; b. removing Headquarters, 322nd Maintenance Company (Direct Support), Permanent Orders 06-279-0117, dated 5 October 2006, from his Official Personnel Military File; c. ensuring the revocation orders are not filed in his Official Personnel Military File; d. awarding him the first award of the AGCM for the period 13 June 2002 through 12 June 2005; e. adding award of the ARCOM, AGCM (1st Award), and ICM with two bronze service stars to his DD Form 214 for the period ending 12 June 2005; and f. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030309-20040211" to item 18 of his DD Form 214 for the period ending 12 June 2005. 2. The Board further determined 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 adding a second award of the ARCOM to his DD Form 214. ____________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) AR20150007730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007730 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1