IN THE CASE OF:	  

		BOARD DATE:	        09 DECEMBER 2008

		DOCKET NUMBER:  AR20080011996 


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, in effect, that his military records be corrected to add the award of the Combat Infantryman Badge and any other awards and decorations that he is entitled to.  

2.  The applicant essentially states that he was awarded the Combat Infantryman Badge by orders, dated 3 May 2003.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and permanent orders, dated 3 May 2003, which awarded him and other Soldiers the Combat Infantryman Badge in support of this application.

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 records show that he enlisted in the Regular Army on 21 June 2000.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).  He served in Kosovo from 
25 October 2001 to 6 May 2002.  An inquiry to the Defense Finance and Accounting Service also revealed that the applicant was paid imminent danger pay from January through July 2003 for service in Southwest Asia.  On 
30 November 2003, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Kosovo Campaign Medal, the Army Service Ribbon, and the NATO Medal.

3.  The applicant's DD Form 214 does not show that he was awarded the Combat Infantryman Badge.  However, he was awarded the Combat Infantryman Badge by Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized) Permanent Order Number 123-1, dated 3 May 2003.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served on continuous active duty in an enlisted status from 
21 June 2000 to 30 November 2003.  However, his DD Form 214 does not show that he was awarded the Good Conduct Medal for the period 21 June 2000 to 
20 June 2003.  There is no derogatory information in his military records which could be used a justification for not awarding the applicant the Good Conduct Medal for the period 21 June 2000 to 20 June 2003.  

6.  An inquiry to the Defense Finance and Accounting Service revealed that the applicant was paid imminent danger pay for service in Southwest Asia from January through July 2003.  He was also awarded the Combat Infantryman Badge for ground combat against enemy ground forces from 20 March 2003 to 14 April 2003.  However, his DD Form 214 does not show that he was awarded the Iraq Campaign Medal (ICM).  MILPER Message Number 08-123, dated 
30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the ICM.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Although the applicant was paid imminent danger pay for service in Southwest Asia from January through July 2003, it could only be conclusively established by his Combat Infantryman Badge orders that he served in Iraq from 20 March 2003 to 14 April 2003.  Based upon this service in Iraq, the applicant participated in the Liberation of Iraq campaign (19 March 2003 to 1 May 2003).

7.  The applicant served more than 30 consecutive days on active duty on or after 11 September 2001 which were not used toward the ICM.  However, the applicant's DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal (GWOTSM).

8.  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.  

9.  Army Regulation 600-8-22 also provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation IRAQI FREEDOM.  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 Operation IRAQI FREEDOM.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such 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:  (1) 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; (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (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.  Under no condition will a Soldier receive both the ICM and the GWOTEM for the same action, time period, or service.

10.  Army Regulation 600-8-22 further provides that the 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  1)  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  2)  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 GWOTSM.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award. 

11.  The 3rd Infantry Division is a United States Army Infantry Division based at Fort Stewart, Georgia.  The entire division was deployed to Kuwait in early 2003 and in April 2003, the 3rd Infantry Division spearheaded coalition forces in Operation Iraqi Freedom and was the first conventional US unit to enter Badhdad.  It is also the first Division to serve three tours in Iraq. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to add the award of the Combat Infantryman Badge and any other awards and decorations that he is entitled to.  

2.  Permanent orders awarded the applicant the Combat Infantryman Badge, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Combat Infantryman Badge.

3.  The applicant served on continuous active duty in an enlisted status from 
21 June 2000 to 30 November 2003, and there is no derogatory information in his military records which could be used as justification for not awarding the applicant the Good Conduct Medal for the period 21 June 2000 to 20 June 2003. Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 21 June 2000 to 20 June 2003, and correct his military records to show the award of the Good Conduct Medal.

4.  The applicant was engaged in combat during an armed engagement while serving in Iraq.  He also participated in one campaign.  Therefore, he is entitled to award of the ICM with one bronze service star, and correction of his military records to show the award of the ICM with one bronze service star.

5.  The applicant served more than 30 consecutive days on active duty on or after 11 September 2001 which were not used towards the ICM.  Therefore, he is entitled to award of the GWOTSM, and correction of his military records to show the award of the GWOTSM.

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.  showing the award of the Combat Infantryman Badge;

	b.  awarding him the Good Conduct Medal for the period 21 June 2000 to 
20 June 2003 while serving as a specialist; and 

	c.  adding the award of the ICM with one bronze service star, the GWOTSM and the Good Conduct Medal to his DD Form 214..




      _______ _ 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)                                         AR20080011996



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ABCMR Record of Proceedings (cont)                                         AR20080011996



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