IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080009396 


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) as follows:

	a.  Item 11 (Primary Specialty) to show “3 years, 2 months, and 19 days” instead of “3 years and 11 months”;

	b.  Award of the Combat Action Badge, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal or the Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal; and

	c.  Issue a Certificate for award of the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors and requests his DD Form 214 to show an accurate reflection of his military service.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 dated 20 December 2003.

	b.  DA Form 4856 (General Counseling Form), dated 3 September 2003.  

	c.  DA Form 4187 (Personnel Action), dated 15 July 2003, Recommendation for award of the Purple Heart.

	d.  Memorandum for Record, dated 23 January 2003, Deployment Order. 

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 records show he enlisted in the Regular Army for a period of 3 years on 2 October 2000.  He completed one station unit training (OSUT) (basic combat and advanced individual training) at Fort Leonard Wood, Missouri, and was awarded military occupational specialty (MOS) 21B (Combat Engineer). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 20 December 2003.  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

3.  The applicant’s records further show he served in Kuwait from 17 December 2001 to 7 May 2002 and in Iraq from 6 April 2003 to 21 September 2003.  

4.  Item 11 of the applicant's DD Form 214 shows the entry "21B1O 00 Combat Engineer--3 years and 11 months" indicating that the applicant was awarded MOS 21B and performed in that MOS for a period of 3 years and 11 months. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Purple Heart, the Army Commendation Medal (2nd Award), the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and one Overseas Service Bar.  Item 13 does not show award of the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, the Combat Action Badge, or the Good Conduct Medal.

6.  The applicant’s records do not contain permanent orders awarding him the Good Conduct Medal or the Combat Action Badge.

7.  The applicant’s records show he was awarded the Purple Heart.  Although his records are void of the permanent order awarding him the Purple Heart, the applicant submitted a copy of his Recommendation for Award of the Purple Heart.  It cited the following reason:

While participating in active ground combat operations to liberate Iraq in support of Operation Iraqi Freedom.  [Applicant] was part of a team manning a traffic control point in the early morning of 15 July 2003.  While manning the traffic control point, along the Main Supply Route (MSR) Chassy, about 15 kilometers southwest of Kirkuk, Iraq, the traffic control point came under direct fire from a vehicle occupied by an individual who attempted to drive through the checkpoint.  The occupant of the vehicle drove to the center of the traffic control point and opened fire.  As a result of the ensuring fire-fight, [Applicant] sustained a fragment wound to his left calf.  [Applicant] was treated at the scene and then evacuated to the unit’s aid station for further treatment by battalion medical personnel.

8.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.




9.  Army Regulation 600-8-22 (Military Awards) provides that the 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.  

10.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27  July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  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. 

12.  Army Regulation 600-8-22 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 ICM 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

13.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 
2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

14.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (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.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in  designated specific geographic areas of eligibility (AOE).

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Item 11 will show the Primary Specialty.  It states, from the ERB/ORB, enter the titles of all MOS’ served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT.  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's primary specialty, the entry in Item 11 of his DD Form 214 appears to be incorrect.  In the absence of the permanent orders that awarded him his MOS, it is presumed that the applicant was awarded his primary specialty upon completion of his 14-week OSUT in or around February 2001.  By the time he was released from active duty, he would have performed a total of 2 years and 11 months in his MOS.  Therefore, he is entitled to correction of his records to show he performed in MOS 21B for a period of 2 years and 11 months.



2.  The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal and is therefore entitled to correction of his records to show this award.

3.  The evidence of record shows the applicant served in Iraq in support of Operation Iraqi Freedom from 6 April 2003 to 21 September 2003.  Therefore, he served a qualifying period for award of either the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal.  However, he may not be awarded both awards for the same period of service.  Regulatory guidance allows the applicant to select between the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to award of the Iraq Campaign Medal and correction of his records to show this award.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is therefore entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  The circumstances surrounding the applicant's award of the Purple Heart clearly show the applicant was performing his assigned duties in an area where hostile fire pay or imminent danger pay is authorized and that he was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  Therefore, he met the criteria for award of the Combat Action Badge and correction of his records to show this award.

5.  With respect to award of the Good Conduct Medal, the applicant served honorably for 3 years and 2 months, attained the rank/grade of SPC/E-4, served in combat in support of Operation Iraqi Freedom, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the Good Conduct Medal and to correction of his records to show this award.

6.  The applicant was awarded the Purple Heart for wounds received in action on 15 July 2003.  However, he did not receive a certificate that recognizes this milestone.  Therefore, he is entitled to be issued a certificate that shows he was awarded the Purple Heart for injuries sustained as a result of hostile action on
15 July 2003.




7.  With respect to award of the National Defense Service Medal, the evidence of record shows that the applicant was awarded the National Defense service Medal and that it is shown on his records.  There is no evidence that the applicant completed a second period of service during which he would have been entitled to a second award of this medal.  However, if the applicant's intent is to request the actual medal, the applicant is advised that this Board does not issue medals.  He may contact the appropriate government agency by visiting the National Personnel Records Center, St. Louis, Missouri, website. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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:

	a.  awarding the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 15 July 2003; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 October 2000 to 1 October 2003; 

	c.  showing award of the Combat Action Badge, the Good Conduct Medal (1st Award), the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars;

	d.  deleting the entry "3 years and 11 months" from Item 11 of the applicant's DD Form 214 and adding the entry "2 years and 11 months"; and

	e.  issuing the applicant a certificate showing award of the Purple Heart for injuries sustained on 15 July 2003.

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 an additional award of the National Defense service Medal; and any additional time in primary specialty beyond 2 years and 11 months.


															XXX
      ______________________
               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)                                         AR20080009396



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ABCMR Record of Proceedings (cont)                                         AR20080009396



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