ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:    22 April 2019

	DOCKET NUMBER:  AR20170013674


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal with "V' Device, Global War on Terrorism Expeditionary Medal, and any other awards he is authorized.   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Staff Judge Advocate's Post-Trial Recommendation in the Special Court-Martial Case of United States v. [Applicant]

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the Army Commendation with "V" Device was left off of his DD Form 214, but is listed on a document signed by a Staff Judge Advocate.  The Global War on Terrorism Expeditionary Medal was also left off of his DD Form 214.  He requests a review of all his authorized awards.

3.  On 12 May 2004, the applicant enlisted in the Regular Army.  He held the Military Occupational Specialty 11B (Infantryman).

4.  His record contains limited information pertaining to his assignments.  His Enlisted Record Brief is not available.  His DD Form 214 shows he was discharged on 7 April 2008 with a bad conduct discharge.  The form shows in:

* Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 


* Iraq Campaign Medal
* Army Commendation Medal
* Valorous Unit Award
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge

* Item 18 (Remarks) – he served in a designated imminent danger pay area in support of Operation Iraqi Freedom from 9 January 2005 to 9 January 2006

7.  The available records contain no orders pertaining to awards for the applicant.  The available records do not show that he had any periods of deployed service other than the period in support of Operation Iraqi Freedom.  

8.  He provided a document signed by a Staff Judge Advocate.  Paragraph 8d of the document lists his awards as:  

* Army Commendation Medal
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Driver and Mechanics Badge

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who 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.  A "V" Device is worn with the Army Commendation Medal to denote receipt of the award for heroism.  Award of the Army Commendation Medal with "V" Device is announced in orders.

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  Personnel are not authorized the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same period of service.

11.  Army Regulation 600-8-22 states the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Award of the badge is announced in orders.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and that found within the military service record, the Board concluded that the current DD 214 of the applicant accurately depicted all awards received by the applicant during his military service.  Although the applicant provided a memorandum signed by the Staff Judge Advocate showing additional awards, there was no corroborating authoritative documents in the case file to support those additional awards.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  Prior to closing the case, the Board noted the administrative note below from the analyst of record and recommended that change be made to more accurately depict the military service of the applicant.

	 
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.

ADMINISTRATIVE NOTE(S):

The applicant is authorized two Bronze Service Stars for wear with his Iraq Campaign Medal.  Correct his DD Form 214 to show the Iraq Campaign Medal with two Bronze Service Stars.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 provides that 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.  The "V" Device is worn with the Army Commendation Medal to denote receipt of the award for heroism.  Award of the Army Commendation Medal with "V" Device is announced in orders.  

3.  Army Regulation 600-8-22 states that the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States 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 Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet one of the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  Under no condition will personnel receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

4.  Army Regulation 600-8-22 states the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Award of the badge is announced in orders.  

ABCMR Record of Proceedings (cont)	 AR20170013674
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