IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080009546 


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 award of the Army Commendation Medal, the Army Achievement Medal, two awards of the Combat Infantryman Badge, and any or all awards and decorations as a result of his service in Iraq and Afghanistan.

2.  The applicant states that he believes the awards were omitted from his records at the time of his discharge.

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 June 2004; a copy of the front page of a DA Form 638 (Recommendation for Award), dated 18 April 2003, showing he was recommended for award of the Army Commendation Medal; and a copy of the front page of Orders 182-108, dated 1 July 2002, in support of his application.

4.  On 15 September 2008, the applicant provided a copy of page 1 of his 4-page DA Form 2-1 (Personnel Qualification Record), a copy of DD Form 1351-2 (Travel Voucher or Subvoucher), dated 2 October 2002; and a copy of the front page of his already submitted DA Form 638.

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 4 years on 27 June 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 26 June 2004.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry "0000 00 00" indicating he did not complete any periods of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, and the Parachutist Badge.  Item 13 does not show award of the Army Commendation Medal, the Army Achievement Medal, two awards of the Combat Infantryman Badge, or any awards and decorations related to service in Iraq and Afghanistan

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not show any service in Iraq or Afghanistan.  However, Item 18 shows the entry "GWOTSM." 

6.  There are no orders in the applicant's records that show he was awarded the Army Commendation Medal, the Army Achievement Medal, or any awards of the Combat Infantryman Badge.

7.  Item 5 (Overseas service) of the applicant's DA Form 2-1 shows he served in Afghanistan from 7 October 2001 to 7 January 2002.

8.  Section VIII (Awards and Decorations) of the applicant's Enlisted Record Brief shows the applicant was awarded the National Defense Service Medal and the Global War on Terrorism Service Medal.



9.  The applicant submitted a copy of Orders 182-108, dated 1 July 2002, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, Georgia, showing he was ordered to proceed to Kuwait, on or about 6 July 2002, in support of Operation Desert Spring.  Furthermore, the applicant provided a copy of a travel voucher that shows he travelled from Fort Benning, Georgia, to Kuwait on 18 July 2002, and returned to Fort Benning, Georgia, on 2 September 2002, under the authority of the above orders.

10.  The applicant submitted a copy of the front page of a DA Form 638, dated 18 April 2003 that shows he served in Iraq as a Radio Telephone Operator (RTO) for the Tactical Operations Center (TOC) of the 3rd Brigade, 3rd Infantry Division (Mechanized), from 7 January 2003 to 28 April 2003.   

11.  An electronic mail (email) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 18 September 2008, confirms the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 July 2002 to 30 September 2002 (Kuwait) and 1 January 2003 to 31 July 2003 (Iraq).

12.  A second email from DFAS, dated 22 September 2008, confirms the applicant received HFP/IDP from 1 October 2001 to 31 December 2001 (undisclosed location); 1 July 2002 to 30 September 2002 (Kuwait); and 1 January 2003 to 31 July 2003 (Kuwait/Iraq).

13.  Hostile Fire/Imminent Danger Pay (HFP/IDP) is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

14.  Army Regulation (AR) 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, while serving in any capacity with the Army after 6 December 1941, distinguished 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.

15.  AR 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

16.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

17.  AR 600-8-22 provides for award of the Combat Infantryman Badge.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

18.  AR 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. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.   Additionally, the “Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD).”

19.  AR 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 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.  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.  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Service members must have been assigned, attached, or mobilized to units operating in the area 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, while participating in an operation or on official duties; 

	b.  is wounded or injured and requires medical evacuation from the area of eligibility; or 

	c.  (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; each day of operations counts as one day of eligibility. 

20.  AR 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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. The following rules apply to award of the Afghanistan Campaign Medal: the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. Service members must have been assigned, attached, or mobilized to units operating in the area 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 while participating in an operation or on official duties; 

	b.  is wounded or injured and requires medical evacuation from the area of eligibility; or 

	c.  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; each day of operations counts as one day of eligibility. 

21.  A directive issued by the Department of Defense on 16 April 2008 designated four campaigns with the Iraq Campaign Medal (the Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraq Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined), and three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, the awards regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal and/or the Afghanistan Campaign Medal for participation in each campaign.



DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Army Commendation Medal, the evidence of record shows the applicant was recommended by his supervisor for award of the Army Commendation Medal; however, there is no indication if this award was approved, downgraded, or disapproved.  In the absence of the back page of the recommendation or further corroborating evidence, there is insufficient evidence to award the applicant the Army Commendation Medal.

2.  With respect to award of the Army Achievement Medal, there is no evidence in the available records and the applicant did not provide any evidence that shows he was recommended for and/or awarded the Army Achievement Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

3.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal and the Army Achievement Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal and the Army Achievement Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  With respect to the award of the Combat Infantryman Badge, the applicant's infantry MOS and his service in Iraq and Afghanistan are not in question; however, his record is void of any orders that show he was awarded the Combat Infantryman Badge.  Furthermore, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy.  In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

5.  The evidence of record shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Although the award is abbreviated as the “GWOTSM” and is incorrectly listed in Item 18 rather than Item 13 of the applicant's DD Form 214; it is appropriate to correct the applicant's records by spelling out the award and showing it on his record. 

6.  The evidence of record shows that the applicant served in Afghanistan for a period of 4 months, from 7 October 2001 to 7 January 2002; therefore, he served a qualifying period for award of the Afghanistan Campaign Medal.  Additionally, the evidence of record shows that the applicant participated in one campaign during his service in Afghanistan.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with one bronze service start; and

7.  The evidence of record also shows the applicant's service in Iraq from 7 January 2003 to 31 July 2003 qualifies him for award of the Iraq Campaign Medal.  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.

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 showing the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with two bronze service stars.

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 award of the Army Commendation Medal, the Army Achievement Medal, and two awards of the Combat Infantryman Badge. 




      ___        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)                                         AR20080009546



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ABCMR Record of Proceedings (cont)                                         AR20080009546



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