RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20060015605 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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), with the ending period 31 October 2003 to show he completed the Basic Noncommissioned Officer Course (BNCOC) and to show his service in Iraq.  He later amended his application to request award of the Iraq Campaign Medal.

2. The applicant states, in effect, that his DD Form 214 does not show he completed BNCOC or that he served in Iraq. 

3.  The applicant provides his DD Form 214; Headquarters, 4th Infantry Division (Mechanized) Orders 085-02, dated 26 March 2003; Headquarters, 4th Infantry Division Permanent Order Number 234-10, dated 20 September 2003; and a DA Form 1059 (Service School Academic Evaluation Report), dated 26 January 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant was deployed to Iraq in support of Operation Iraqi Freedom.

2.  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.

3.  The applicant enlisted in the Regular Army on 5 September 1991 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was later awarded MOS 91C (Practical Nurse) and MOS 74B (Information Systems Operator-Analyst).

4.  Headquarters, 85th Medical Evacuation Battalion Permanent Order Number 78-02, dated 18 March 1996, shows that the applicant received the Army Achievement Medal for service during the period 5 January 1995 through 
22 February 1996.
5.  502nd Personnel Service Battalion Permanent Orders 325-57, dated 
20 November 2000, shows that the applicant was awarded the Army Good Conduct Medal 3rd Award for the period 5 September 1997 to 4 September 2000.

6.  A DA Form 1059, dated 26 January 2001, shows the applicant successfully completed BNCOC during the period 12 September 2000 through 2 February 2001 at Fort Gordon, Georgia (course length 20 weeks).

7.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 29 March 2002, shows he served in Somalia and Kosovo for 10 months combined.

8.  The applicant arrived in Iraq and was assigned to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division on 1 March 2003.  He departed Iraq on 31 August 2003.

9.  Headquarters, 4th Infantry Division Permanent Order Number 234-10, dated 20 September 2003, shows that the applicant was awarded the Meritorious Service Medal.

10.  The applicant was honorably released from active duty in the rank and pay grade of Staff Sergeant (SSG)/E-6 on 31 October 2003 after completing 
12 years, 1 month, and 26 days of creditable active service. 

11.  His DD Form 214 with the ending period 31 October 2003, shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Kosovo Campaign Medal, and the Driver and Mechanic Badge with Driver - W Bar.  Item 14 (Military Education) of his DD Form 214 does not show he completed BNCOC and Item 18 (Remarks) does not show his deployment to Iraq. 

12.  There is no evidence the applicant received the Army Good Conduct Medal 4th Award.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal 4th Award.  His records do not contain any adverse information.

13.  The applicant's records do not show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Global War on Terrorism Service Medal (GWOTSM).

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 14 (Military Education), list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

15.  Army Regulation 635-5 states, in item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  

16.  Army Regulation 600-8-22 (Military Awards) provides that 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 Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.

18.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.

19.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive 
days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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 [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

20.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

21.  On 14 August 2007, the DFAS confirmed the applicant served in Iraq from 
1 March 2003 through 31 August 2003.

22.  The applicant elected to be awarded the Iraq Campaign Medal on 7 August 2007 by phone conversation with the Board analyst.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant completed BNCOC in 2001 at Fort Gordon.  Therefore, his DD Form 214 should be corrected to add BNCOC, 20 weeks, (2001) in item 14.

2.  The applicant's DD Form 214 does not show service in Iraq.  However, DFAS confirmed that he served in Iraq in support of Operation Iraqi Freedom for the period 1 March 2003 through 31 August 2003.  Therefore, his DD Form 214 should be amended to read "0001" years, "04" months, and "02" days in item 12f and to add "SERVICE IN IRAQ FROM 20030301- 20030831" in item 18.



3.  It is noted that the applicant was promoted to E-6 and served honorably for more than 12 years service without lost time.  There is no evidence of any adverse information or that his commander disqualified him for award of the Army Good Conduct Medal 4th Award.  Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal 4th Award based on completion of qualifying service from 5 September 2000 through
4 September 2003.

4.  Evidence of record shows that the applicant was awarded the Army Achievement Medal and the Meritorious Service Medal.  These awards should be added to his DD Form 214.

5.  The applicant met the eligibility criteria for award of the Iraq Campaign Medal and the Global War on Terrorism Service Medal.  These awards should be added to his DD Form 214.

BOARD VOTE:

___LE  __  __JTM __  __RTD__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by awarding him the Army Good Conduct Medal 4th Award for the period 5 September 2000 through 4 September 2003; 

	b.  by amending his DD Form 214 in item 12f to read "0001" year(s), "04" month(s), and "02" day(s);

	c.  by amending his DD Form 214 in item 13 to add the Army Achievement Medal, the Meritorious Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, and the Army Good Conduct Medal 4th Award;

	d.  by amending his DD Form 214 in item 14 to add the Basic Noncommissioned Officer Course, 20 weeks, (2001); and 

	e.  by amending his DD Form 214 in item 18 to add " SERVICE IN IRAQ FROM 20030301- 20030831."




   ____ Lester Echols __
          CHAIRPERSON




INDEX

CASE ID
AR20060015605
SUFFIX

RECON

DATE BOARDED
23 AUGUST 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
118.0000.0000
2.
107.0025.0000
3.
107.0017.0000
4.
107.0056.0000
5.
107.0140.0000
6.
107.0138.0000