IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080010106 


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) to show award of the Good Conduct Medal, the Iraq Campaign Medal, and his service in support of Operation Iraqi Freedom.

2.  The applicant states that the Iraq Campaign Medal was issued after his discharge.  He adds that he served in support of both Operation Enduring Freedom and Operation Iraq Freedom, but his DD Form 214 only reflects his service in Operation Enduring Freedom.

3.  The applicant provides a copy of his DD Form 214, dated 29 April 2005, and a copy of Permanent Order 118-01, issued by the 32nd Medical Logistics (Rear Detachment), Fort Bragg, North Carolina, on 28 April 2005, in support of his request.

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.  With prior enlisted service, the applicant’s records show he enlisted in the Regular Army on 1 February 2001 and was trained in military occupational specialty 91A (Medical Equipment Repairer).  His records also show he executed a 4-year reenlistment in the Regular Army on 13 February 2003.  He was honorably discharged for disability with entitlement to severance pay on 29 April 2005.  The highest rank/grade he attained during his military service was specialist.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 5 months and 19 days 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 Army Commendation Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.  Item 12 does not show award of the Good Conduct Medal and/or the Iraq Campaign Medal.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 shows he completed a period of service in support of Operation Enduring Freedom (Kuwait) from 15 January 2003 to 3 July 2003.  Item 18 does not show service in Iraq.

6.  Headquarters, 32nd Medical Logistics MEDLOG Battalion (Rear Detachment), Fort Bragg, North Carolina, Permanent Order Number 119-01, dated 28 April 2005, shows the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity while serving in the U.S. Army from 1 February 2001 to 31 January 2004.

7.  The applicant’s records contain a certificate, dated 7 May 2003, that shows he was awarded the Army Commendation Medal for exceptionally meritorious achievement while assigned to D Company, 703rd Main Support Battalion, in support of the 3rd Infantry Division (Mechanized) during Operation Iraqi Freedom.  The period of achievement is listed as 20 March 2003 to 30 June 2003.

8.  An electronic mail message from the Defense Finance and Accounting Service, Indianapolis, Indiana, dated 3 December 2008, confirms that the applicant received hostile fire pay/imminent danger pay from 1 January 2003 to 31 July 2003 (arrived 21 January 2003 and departed 3 July 2003) for service in Kuwait.
9.  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/she was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

10.  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.  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.  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. 



11.  The following rules, in effect, apply to award of the Iraq Campaign Medal:  Only one award of the Iraq Campaign 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 Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.

12.  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. 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.

13. A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  I deployed originally in support of Operation Enduring Freedom on 15 February 2003 and served in Kuwait awaiting Operation Iraqi Freedom to begin.  On 19 March 2003, my unit moved into Iraq to support Operation Iraqi Freedom.  I served in Iraq from 19 March 2003 to 30 December 2003.  Do I qualify for the Global War on Terrorism Expeditionary Medal for service in Kuwait and the Iraq Campaign Medal for service in Iraq?  Answer:  You qualify for award of the Global war on Terrorism Expeditionary Medal for the time in support of Operation Enduring Freedom in Kuwait from 15 February 2003 to 18 March 2003.  You qualify for award of the Iraq Campaign Medal for the period 19 March 2003 to 30 December 2003.
14.  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.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Army Regulation 635-5 states, in pertinent part, for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).  In item 18 (Remarks) of this form, 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)" is entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, the Iraq Campaign Medal, and his service in support of Operation Iraqi Freedom.

2.  With respect to award of the Good Conduct Medal, permanent orders awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity while serving in the U.S. Army from 1 February 2001 to 31 January 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to award of the Iraq Campaign Medal, the evidence of record shows that the applicant served in combat as evidenced by the entry on his DD Form 214 which lists his service in Kuwait from 15 January 2003 to 3 July 2003 in support of Operation Enduring Freedom which is also consistent with his pay records that show he received HFP/IDP from 1 January 2003 to 31 July 2003 (arrived 21 January 2003 and departed 3 July 2003) for service in Kuwait.  Nevertheless, it appears that the applicant served in support of both Operations Enduring Freedom and Iraqi Freedom as follows:
	a.  He served in Kuwait from 15 January 2003 to 19 March 2003 in support of Operation Enduring Freedom.  Accordingly he qualified for award of the Global War on Terrorism Expeditionary Medal, which is shown on his records; and

	b.  He served in Iraq from 20 March 2003 to 3 July 2003 in support of Operation Iraqi Freedom, as evidenced by the certificate that shows he was awarded the Army Commendation Medal for supporting the 3rd Infantry Division (Mechanized) during Operation Iraqi Freedom.  This period of service 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.

4.  In view of the foregoing evidence, the applicant is entitled to correction of his records to show he completed a period of service in support of Operation Iraqi Freedom that also qualifies him for award of the Iraq Campaign 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.  adding award of the Good Conduct Medal and the Iraq Campaign Medal with two bronze service stars to his DD Form 214;

	b.  deleting the entry "Service in Operation Enduring Freedom (Kuwait) From 20030115 to 20030703"; and 


	c.  adding the entries "Service in Operation Enduring Freedom (Kuwait) from 20030115 to 20030319" and "Service in Operation Iraqi Freedom (Iraq) from 20030320 to 20030703." 



															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)                                         AR20080010106



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010106



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1