IN THE CASE OF:	

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080008584 


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 that his time in Iraq be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 February 2004.  He also requests that his awards of the Meritorious Service Medal, the Army Commendation Medal, and any deployment medals be added to his DD Form 214.

2.  The applicant states the information was not provided at the time of his retirement.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214; two letters from Headquarters, 1st Battalion, 4th Air Defense Artillery (ADA) in Baghdad, Iraq; one letter from Headquarters, 1st Armored Division, Artillery; orders from Headquarters, 1st Armored Division; his Service Member Deployment History Outprocessing Verification; orders from Wiesbaden Transition Center; a certificate for the award of the Army Commendation Medal, and a certificate for the award of the Meritorious Service Medal.

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's military personnel records show he enlisted on 28 February 1984 in the Regular Army and served continuously until his retirement.

3.  On 15 November 2000, the applicant was assigned to the 1st Battalion, 
4th ADA in Germany.  Headquarters, 1st Armored Division, Orders 106-8, date unreadable, deployed his unit to the U.S. Central Command (USCENTCOM) Area of Responsibility (AOR), Kuwait on or about 26 April 2003 to provide continued support to Operation Enduring Freedom preparatory task and possible future contingencies.

4.  An undated letter from Headquarters, 1st Battalion, 4th ADA, provided by the applicant, documents the applicant's deployment to CENTCOM AOR in support of Operation Iraqi Freedom from 29 April 2003 to 25 September 2003.  

5.  The applicant's NCO (noncommissioned officer) Evaluation Report (NCOER) for the period from November 2002 to October 2003 contains the following bullet statements:

	a.  "his actions during an ambush resulted in one enemy KIA (killed in action) and one WIA (wounded in action) with no friendly casualties or loss of equipment";

	b.  "provided over 60 days of force protection of Baghdad International Airport resulting in zero incidents"; and

	c.  "drove over 5,000 accident free miles while deployed to Iraq in support of OPERATION IRAQI FREEDOM."

6.  The applicant's records show he received two awards of the Army Commendation Medal for the periods from 11 June 1984 to 20 October 1985 and 1 December 1993 to 15 November 1996.



7.  The applicant's official military personnel file (OMPF) contains a certificate for the award of the Army Commendation Medal with "V" Device for exemplary achievement while reacting to an enemy ambush, on 17 September 2003.  The certificate also states the applicant's courage under fire and decisive actions resulted in the degradation of enemy forces while preserving Coalition Forces and equipment.  1st Armored Division Permanent Order #263-9 is entered on the certificate with no date.

8.  The applicant submitted a certificate for the award of the Army Commendation Medal for meritorious service during the period from 27 April 2003 to 
26 September 2003.  Headquarters, 1st Armored Division Artillery Permanent Order 316-06, dated 12 November 2003, is entered on the certificate.

9.  The applicant submitted a certificate for the award of the Meritorious Service Medal for exceptionally meritorious service during the period from 2 December 1993 to 2 December 2003.  Headquarters, 1st Armored Division Permanent Order 304-16, dated 31 October 2003, is entered on the certificate.

10.  On 29 February 2004, the applicant was honorably released from active duty and placed on the Retired List the following day.  He had completed 20 years and 3 days of creditable active service.

11.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
does not show he was awarded the Meritorious Service Medal or that he is authorized the Iraq Campaign Medal.  Item 13 does show he was awarded two awards of the Army Commendation Medal.

12.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 

13.  Based on the applicant's service in Iraq, he served in the following campaigns: the Liberation of Iraq (19 March 2003 – 1 May 2003) and the Transition of Iraq (2 May 2003 - 28 June 2004).


14.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (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.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined and  having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 

15.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Iraq Campaign Medal.   

16.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

17.  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 that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his service in Iraq should be entered on his 
DD Form 214.

2.  The exact dates of the applicant's deployment into Iraq are unclear.  The orders deploying his unit were for deployment to USCENTCOM AOR Kuwait.  The letter from his unit indicates he was deployed to USCENTCOM AOR in support of Operation Iraqi Freedom from 29 April through 25 September 2003.  Based on statements in his NCOER, the applicant was clearly in Iraq for a period greater than 60 days.  The date of the action for which the applicant was awarded the Army Commendation Medal with "V" Device occurred on 17 September 2003.  Therefore, it would be appropriate to amend item 18 of the applicant's DD Form 214 to include  the entry "SERVICE IN KUWAIT/IRAQ FROM 20030429 – 20030925."

3.  The applicant contends that his awards of the Meritorious Service Medal, the Army Commendation Medal, and any deployment medals as a result of his deployment should be added to his DD Form 214.

4.  The certificate for the award of the Meritorious Service Medal containing the permanent order number and date is sufficient evidence to show the applicant was awarded the Meritorious Service Medal.  Therefore, it is appropriate to amend his DD Form 214 to include this award.

5.  The applicant's DD Form 214 reflects his two previously-awarded Army Commendation Medals.  The certificate for the award of an Army Commendation Medal submitted by the applicant containing the permanent order number and date is sufficient evidence to show the applicant was awarded a third Army Commendation Medal.  

6.  Although the permanent order number on the certificate for the award of the Army Commendation Medal with "V" Device, contained in the applicant's OMPF, is undated, the statement contained in the citation is corroborated by statements contained in the applicant's NCOER.  Therefore, there is sufficient evidence to show the applicant was awarded a total of four Army Commendation Medals, one with the "V" Device.

7.  Statements contained in the applicant's NCOER show he clearly meets the criteria for the Iraqi Campaign Medal.  Based on the period he served he is authorized two bronze service stars to be worn on the Iraq Campaign Medal.

8.  The applicant's record clearly shows he served 30 consecutive days or 
60 non-consecutive days of active service outside of the designated AOEs.  Therefore, he is authorized the Global War on Terrorism Service Medal.

BOARD VOTE:

___X____  ___X___  ___X____  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 by:

   a.  deleting from item 13 of the applicant's DD Form 214 the Army Commendation Medal (2nd award);
   
   b.  adding to item 13 of his DD Form 214 the Meritorious Service Medal, the Army Commendation Medal with "V" Device with 3rd oak leaf cluster, the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal; and
   
   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030429 – 20030925."



      __________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)                                         AR20080008584



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ABCMR Record of Proceedings (cont)                                         AR20080008584



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