BOARD DATE: 9 November 2017 DOCKET NUMBER: AR20160006572 BOARD DETERMINATION/RECOMMENDATION: 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 adding to his DD Form 214 the Army Achievement Medal and Overseas Service Ribbon. BOARD DATE: 9 November 2017 DOCKET NUMBER: AR20160006572 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :RCJ CMM: :JC GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 November 2017 DOCKET NUMBER: AR20160006572 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: * a second award of the Army Commendation Medal * an additional award of the Army Achievement Medal * Overseas Service Ribbon 2. The applicant states he has the award certificates for the Army Commendation Medal and Army Achievement Medal. He had his DD Form 214 updated but his Army Achievement Medal was deleted. Additionally, he served 12 continuous months in Iraq, which should qualify him for the Overseas Service Ribbon. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Certificate showing Permanent Orders (PO) Number 219-15 awarded him the Army Commendation Medal * Certificate showing PO Number 180-23 awarded him the Army Commendation Medal * DA Form 638 (Recommendation for Award) and certificate showing PO Number 042-05 awarded him the Army Achievement Medal * Letter from the U.S. Army Human Resources Command (HRC) 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 28 August 2001 and he held military occupational specialty 21B (Combat Engineer). He served in Iraq in support of Operation Iraqi Freedom from 12 January 2004 to 21 February 2005, a period of 1 year, 1 month, and 10 days. 3. PO Number 042-05, issued by Headquarters, 91st Engineer Battalion, on 11 February 2003, awarded him the Army Achievement Medal for achievement from 7 to 27 November 2002. 4. PO Number 219-15, issued by Headquarters, 2nd Brigade, 1st Cavalry Division, on 6 August 2004, awarded him the Army Commendation Medal for service from 12 January 2004 to 12 January 2005. 5. PO Number 180-23, issued by Headquarters, 2nd Brigade, 1st Cavalry Division, on 29 June 2005, awarded him the Army Commendation Medal for exemplary performance from 1 February 2001 to 15 May 2005. 6. He was honorably released from active duty on 2 June 2005. His DD Form 214 shows he was awarded or authorized the: * Army Lapel Button * Army Commendation Medal * Global War on Terrorism Service Medal * Army Good Conduct Medal * Iraq Campaign Medal * National Defense Service Medal * Army Service Ribbon * Driver and Mechanic Badge with Driver - W Bar 7. He provides a letter from HRC, dated 24 August 2016, informing him that agency could not find evidence of his award of the Army Achievement Medal, but they found evidence for the issuance of other awards. As such, on 19 August 2016, HRC issued the applicant a DD Form 215 that: * deleted the Army Commendation Medal and Iraq Campaign Medal * added the Army Commendation Medal with one bronze oak leaf cluster, Iraq Campaign Medal with 2 bronze service stars, and Combat Action Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is authorized to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. Table 3-2 of Army Regulation 614-30 (Overseas Service) identifies tour lengths. 2. Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. 3. A Frequently Asked Questions Document from the U.S. Army HRC Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan. The document states: Question: How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon? Answer: Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office: Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour. The reference is Army Regulation 614-30, table 3-2, rules 5 and 7. Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense, therefore, the Army gives equivalent credit for periods of change of station/tour of duty. DISCUSSION: 1. The applicant completed 1 year, 1 month, and 10 days of foreign service in Iraq. This service qualifies him for award of the Overseas Service Ribbon, which is not shown on his DD Form 214. 2. PO awarded him the Army Achievement Medal. This award is not listed on his DD Form 214. 3. He was awarded two Army Commendation Medals. He was issued a DD Form 215 that deleted the Army Commendation Medal which was shown on his original DD Form 214 and added the Army Commendation Medal with oak leaf cluster to show a second award. No further action is required with regard to recording his second Army Commendation Medal on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006572 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2