IN THE CASE OF: BOARD DATE: 12 June 2012 DOCKET NUMBER: AR20110023168 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 Army Good Conduct Medal. He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Good Conduct Medal * Expert Infantryman Badge * Army Achievement Medal * Army Commendation Medal * Any other unit awards 2. The applicant states: * He completed 3 years of active service but he did not receive the Army Good Conduct Medal * He was awarded the Expert Infantryman Badge in Kuwait on 11 September 2002 but no paperwork was received * He was awarded the Army Achievement Medal and the Army Commendation Medal but neither is shown on his DD Form 214 3. The applicant provides his 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 27 June 2001 and he held military occupational specialty 11B (Infantryman). He served in Kuwait/Iraq from 8 January 2003 to 14 July 2003 in support of Operation Iraqi Freedom (OIF). He was assigned to Company C, 1st Battalion, 15th Infantry. 3. He was honorably released from active duty on 26 June 2004 upon completion of required active service in the rank/grade of specialist (SPC)/E-4. He completed 3 years of active service with no time lost. He was fully eligible to reenlist. His DD Form 214 shows the: * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Presidential Unit Citation * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Lapel Button * Southwest Asia Service Medal * Army Service Ribbon * Combat Infantryman Badge 4. His available service records do not contain orders awarding him the Army Good Conduct Medal, Expert Infantryman Badge, Army Achievement Medal, or the Army Commendation Medal. 5. His available service records also do not contain any derogatory information that would have disqualified him from being awarded the first award of the Army Good Conduct Medal. 6. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Army Commendation Medal 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 Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. d. The Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty. e. Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. During the applicant's service in Kuwait/Iraq, he participated in the following two campaigns: * Liberation of Iraq (19 March 2003 - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) 7. Review of the Recently Approved Unit Awards listings maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC) shows 1st Battalion, 15th infantry Regiment was awarded the Presidential Unit Citation for the period 19 March - 1 May 2003. DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 27 June 2001 through 26 June 2004. He completed 3 years of creditable active service with no time lost, attained the rank of SPC/E-4, and served in Kuwait/Iraq. His available service records also do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal. Therefore, the applicant should be awarded the Army Good conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. 2. With respect to the other three awards: a. There is no evidence in his records and he did not provide any evidence to show he was recommended for or awarded the Army Commendation Medal or the Army Achievement Medal during his period of service. In the absence of official orders, there is an insufficient evidentiary basis for granting this portion of the applicant's request. b. The applicant's records do not contain official orders awarding him the Expert Infantryman Badge. Additionally, there is no evidence in his records and he did not provide any substantiating evidence that shows he had satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. Therefore, there is an insufficient evidentiary basis for granting this portion of his request. 3. The applicant's unit in Kuwait/Iraq was cited for award of the Presidential Unit Citation during his period of assignment, which is already listed on his DD Form 214. There is no indication his unit was cited for any other unit awards during his period of assignment. Therefore, there is no basis for granting this portion of his request. 4. Based on his service in Kuwait/Iraq he was entitled to the Global War on Terrorism Expeditionary Medal for the period 8 January through 18 March 2003, which is already shown on his DD Form 214. However, his continued service in support of OIF from 19 March through 14 July 2003 entitles him to the Iraq Campaign Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award. 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 (1st Award) for the period 27 June 2001 through 26 June 2004, and b. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Iraq Campaign Medal with two bronze service stars 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 adding to his DD Form 214 the: * Army Commendation Medal * Army Achievement Medal * Expert Infantryman Badge * Any other unit awards ____________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) AR20110023168 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110023168 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1