BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005357 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 awards of the Combat Action Badge (CAB), the Iraq Campaign Medal (ICM), and the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards. 2. The applicant states that based on information he discovered in printed material from the Veterans of Foreign Wars (VFW), he is authorized the Combat Action Badge and the Iraq Campaign Medal. He contends he is eligible for the Army Good Conduct Medal based on serving honorably for 3 years. 3. The applicant provides a copy of his DD Form 214 and a VFW information paper pertaining to authorized awards for service in support of the Global War on Terror. 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. Current Army policy requires that requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command (HRC), ATTN: Awards and Decorations Branch (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The award may be requested by letter and should include assignment, attachment, or operational control orders, the requesting Soldier's Enlisted Record Brief or Personnel Qualification Record, a narrative description of the qualifying incident, a copy of the Soldier's DD Form 214, and any additional supporting documentation. 3. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence indicating the applicant previously submitted his request for the CAB to HRC. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings. The applicant has been informed by separate correspondence of the disposition of that portion of his request that pertains to the CAB and of the procedure of requesting the award through HRC. 4. The applicant previously submitted an identical application to the ABCMR, considered under Docket Number AR20060011830, wherein he requested award of the Iraq Campaign Medal. By letter dated 27 February 2007, he was informed that Army policy prohibits award of both the Global War on Terrorism Expeditionary Medal (GWOTEM) and ICM, for the same action, time period, or service. He was advised that he could elect the ICM in lieu of the GWOTEM but his election would result in the GWOTEM being removed from his DD Form 214. There is no evidence indicating he replied to the letter confirming his concurrence with the removal of the GWOTEM in lieu of the ICM. He now submits a new application; however, he again failed to express his concurrence with the removal of the GWOTEM in lieu of the ICM. 5. After previous service in the Army National Guard, the applicant enlisted in the Regular Army on 7 January 2003 for duties in military occupational specialty 14S (Avenger Crewmember). 6. The applicant served in Iraq from 1 April to 6 December 2004. There is no evidence of additional deployments in support of either Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). Therefore, it appears he was awarded the GWOTEM for the period 1 April to 6 December 2004. 7. During the applicant's separation processing for medical reasons, his commander provided a memorandum on 14 June 2005, which includes the following statement regarding the applicant's performance: "[The applicant] is truly one of the hardest working Soldiers I have in my battery. He is very knowledgeable and dedicated to accomplishing all missions and tasks. He could always be counted on to help lead and mentor some of the younger Soldiers. [The applicant] was consistently eager to work and quick to ask what was needed to be done." 8. He was honorably discharged on 11 January 2006. His DD Form 214 shows he served in Iraq from 1 April to 6 December 2004. It also shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * GWOTEM * Global War on Terrorism Service Medal 9. His record does not contain official orders awarding him the AGCM nor do they contain any evidence of disciplinary action taken against him or reference a commander's decision to disqualify him for award of the AGCM. 10. Army Regulation 600-8-22 (Military Awards) states: a. The ICM is awarded to members who 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. b. Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. c. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's record is void of indications that any type of disciplinary action was taken against him and his record is also void of any evidence that his commander took action to disqualify him for award of the AGCM. Based on this fact and based on his commander's assessment of his duty performance, it appears an administrative error occurred resulting in failure to award him the AGCM prior to his discharge. 2. The applicant served in Iraq from 1 April to 6 December 2004. There is no evidence of additional deployments in support of OEF or OIF. Therefore, it appears he was awarded the GWOTEM for the period 1 April to 6 December 2004. 3. Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. 4. The applicant has failed to specifically request the ICM in lieu of the GWOTEM. 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 awarding him the Army Good Conduct Medal (1st Award) for the period 7 January 2003 to 6 January 2006 and by adding this award to his DD Form 214. 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 the Iraq Campaign Medal. __________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) AR20150005357 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005357 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1