IN THE CASE OF:	

		BOARD DATE:	  25 November 2008

		DOCKET NUMBER:  AR20080011517 


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 military records to show award of the Iraq Campaign Medal, the Global War of Terrorism Expeditionary Medal, the Global War of Terrorism Service Medal, the Combat Action Badge, and the "Kosovo Expeditionary Medal" (properly known as the Kosovo Campaign Medal). 

2.  The applicant states, in effect, that the above awards should be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 25 January 2004.   

3.  The applicant provides his DD Form 214; Headquarters, 4th infantry Division (Mechanized) Orders 029-012, dated 29 January 2003; an undated DA Form 4187 (Personnel Action); Headquarters, 2nd Brigade, 4th infantry Division (Mechanized) Permanent Order Number 280-04, dated 11 October 2003; and Headquarters, 82nd Engineer Battalion Permanent Order Number 365-16, dated 31 December 1999.

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 enlisted in the Regular Army on 22 May 1997 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 21B (Combat Engineer).

3.  Headquarters, 82nd Engineer Battalion Permanent Order Number 365-16, dated 31 December 1999, shows that the applicant was deployed to Kosovo for the period 7 October 1999 through 24 November 1999.

4.  An undated DA Form 4187 shows that the approving authority approved the award of the Purple Heart for the applicant.  On 29 May 2003, he was wounded in action while participating in combat operations to liberate Iraq in support of Operation Iraqi Freedom.  The applicant was wounded when his combat fighting vehicle was hit by an enemy rocket propelled grenade while riding in a convoy.  It exploded and caused the vehicle to go up in flames.

5.  Headquarters, 2nd Brigade, 4th infantry Division (Mechanized) Permanent Order Number 280-04, dated 11 October 2003, show that the applicant was awarded the Army Commendation Medal for achievement while serving in Iraq for the period 7 April 2003 through 1 June 2003.

6.  The applicant was honorably released from active duty on 25 January 2004.  His DD Form 214 shows he was awarded the Army Lapel Button, the Purple Heart, the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the North Atlantic Treaty Organization Medal, and the Driver and Mechanic Badge with Driver-T Bar.

7.  On 26 August 2008, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Kuwait/Iraq from 1 April 2003 through 30 June 2003 and that he received hostile fire pay for that period.

8.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility.  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 having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the areas of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement are authorized the Global War on Terrorism Expeditionary Medal.

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. 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 Operation Iraqi Freedom.  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.  A bronze service star is authorized for the following campaigns:  Liberation of Iraq 19 March 2003 – 1 May 2003, Transition of Iraq 2 May 2003 – 28 June 2004, Iraqi Governance 29 June 2004 – 15 December 2005, and National Resolution 16 December 2005 – Date to be determined.

11.  Army Regulation 600-8-22 states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, meet the following criteria:

	a.  participated in or served in direct support of Kosovo Operation(s): 
Allied Force; Operation Joint Guardian; Operation Allied Harbour; Operation Sustain Hope/Shinning Hope; Operation Noble Anvil; or Kosovo Task Forces Hawk, Saber, Falcon, or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility; and 

	b.  were bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involved entering the operations' area of eligibility or met certain other criteria.

12.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Army Commendation Medal shows the applicant served in Kuwait/Iraq during the period 7 April 2003 through 1 June 2003.  He met the eligibility criteria for award of the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.  These awards should be added to his DD Form 214.  

2.  However, Army Regulation 600-8-22 states 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.  Since the applicant is being awarded the Iraq Campaign Medal for his service in Kuwait/Iraq, he is not eligible for the Global War on Terrorism Expeditionary Medal.

3.  Evidence of record shows the applicant was awarded the Purple Heart after his combat fighting vehicle was hit by an enemy rocket propelled grenade while riding in a convoy.  This is accepted as sufficient evidence to show he performed his assigned duties in an area where hostile fire pay was authorized and that he was personally engaged by the enemy.  Therefore, he met the eligibility criteria for award of the Combat Action Badge.  This award should be added to his DD Form 214.

4.  Headquarters, 82nd Engineer Battalion Permanent Order Number 365-16, dated 31 December 1999, that show the applicant was deployed to Kosovo is accepted as sufficient evidence to show he is eligible for award of the Kosovo Campaign Medal.  This award should be added to his DD Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  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 amending his DD Form 214 in item 13 to add the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, and the Combat Action Badge.

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 correcting the applicant's records to show award of the Global War on Terrorism Expeditionary Medal.



      _______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)                                         AR20080011517



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ABCMR Record of Proceedings (cont)                                         AR20080011517



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