IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080012250 


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 records to show his combat service in Iraq and all awards and decorations as a result of this service.

2.  The applicant states that he served with the 1st Battalion, 39th Field Artillery in Iraq and that his foreign service and awards were left off his record.

3.  The applicant provides a copy of his DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period January 2003 to July 2003, and copies of various certificates and/or permanent orders showing awards of Army Commendation Medals, Army Achievement Medals, Good Conduct Medals, and the Driver and Mechanic Badge, in support of his 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 records show that he enlisted in the Regular Army for a period of 4 years on 9 February 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63Y (Track Vehicle Mechanic).  He also reenlisted in the Regular Army for a period of 6 years on 31 July 1997.  He was honorably discharged for completion of required active service on 10 August 2003.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 August 2003, shows he completed 6 years, 4 months, and 5 days of foreign service.

4.  Item 13 of the applicant’s DD Form 214, shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Army Lapel Button, the NATO Medal (Kosovo), the Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not show service in Iraq. 

6.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed 6 years, 4 months, and 5 days of foreign service:

	a.  Germany, 36 months, from 24 October 1995 to 27 October 1998;

	b.  Bosnia, 11 months, from 19 December 2005 to 16 November 1996;

	c.  Korea, 12 months, from 5 January 2001 to 15 January 2002;

	d.  Bosnia, 6 months, from 14 February 1999 to 14 August 1999; and

	e.  Korea, 12 months, from 14 January 2002 to 14 January 2003.

7.  The applicant's NCOER for the period January 2003 to July 2003 shows he performed duties of recovery vehicle operator during Operation Iraqi Freedom, while assigned to the 1st Battalion, 39th Field Artillery, 3rd Infantry Division.  

8.  The applicant's DD Form 2648 (Preseparation Counseling Checklist), dated 18 June 2003, shows the applicant was physically present at Fort Stewart, Georgia, on 18 June 2003, and that he underwent pre-separation counseling.

9.  An electronic mail (email) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 22 August 2008, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) from 1 January 2003 to 30 June 2003 in Kuwait.

10.  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.  

11.  Army Regulation (AR) 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.   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).”

12.  AR 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.  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.  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. 

13.  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).  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

14.  AR 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.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  The GWOTSM may be awarded posthumously.  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.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  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, Operation Enduring Freedom, and Operation Iraqi Freedom; or

	(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. 

15.  The Awards Branch of the U.S. Army Human Resources Command, Alexandria, Virginia, official unit awards website, shows the 1st Battalion, 39th Field Artillery Battalion, 3rd Infantry Division, was awarded the Presidential Unit Citation, from 19 March 2003 to 1 May 2003, during its service in Iraq, based on a pending Department of the Army General Order.

16.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

17.  Headquarters, 130th Engineer Brigade, Germany, Permanent Orders 9-12, dated 15 September 1998, show the applicant was awarded the Army Commendation Medal for meritorious service from 15 October 1995 to 15 October 1998.

18.  Headquarters, Engineer Brigade, Fort Hood, Texas, Permanent Orders    178-05, dated 26 June 2000, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 5 May 2000 to 2 June 2000.

19.  Headquarters, Engineer Brigade, Korea, Permanent Orders 331-2, dated 27 November 2002, show the applicant was awarded the Army Commendation Medal for meritorious service from 16 January 2001 to 17 January 2003.

20.  Headquarters, 3rd Infantry Division (Mechanized) Artillery, Permanent Orders Number 117-44, dated 27 April 2003, show the applicant was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Battalion, 39tth Field Artillery during Operation Iraqi Freedom.

21.  Headquarters, 5th Engineer battalion, Fort Leonard Wood, Missouri, Permanent Orders 49-03, dated 10 October 1995, show the applicant was awarded the Army Achievement Medal for meritorious service.

22.  Headquarters, 16th Engineer Battalion, Bosnia, Permanent Orders 06-25, dated 1 June 1996, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 1 January 1996 to 14 January 1996.

23.  Headquarters, 54th Engineer Battalion, Germany, Permanent Orders 218-1, dated 6 August 1997, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 14 April 1997 to 10 May 1997.

24.  Headquarters, 2nd Engineer Battalion, 1st Infantry Division, Korea, Permanent Orders 065-12, dated 3 March 2002, show the applicant was awarded the Army Achievement Medal for meritorious service from 12 February 2002 to 3 March 2002.

25.  Headquarters, 16th Engineer Battalion, Permanent Orders 10-03, dated 8 October 1996, show the applicant was awarded the Driver and Mechanic Badge with Mechanic Bar, for attainment of a high degree of skill in the maintenance of motor vehicles, from 25 September 1995 to 25 September 1996.

26.  Headquarters, 38th Personnel Service Battalion, Permanent Orders        195-021, dated 16 July 1997, show the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar, for maintaining a high degree of skill in the maintenance and operation of a motor vehicle.

27.  AR 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.  The KDSM may be awarded posthumously to any Soldier who lost his or her life without regard to length of such service.  Only one award of the KDSM is authorized for any individual. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Iraq in support of Operation Iraqi Freedom from January 2003 to June 2003.  He departed Korea on 14 January 2003; therefore, the earliest date he could have arrived in Kuwait/Iraq was 15 January 2003.  Furthermore, he underwent separation counseling at Fort Stewart, Georgia, on 18 June 2003.  Therefore, the latest date he was in Kuwait/Iraq was 17 June 2003. 

2.  Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since the applicant's pay records show that he received HFP/IDP from 1 January 2003 to 30 June 2003, it appears that the applicant's service from 15 January 2003 to 17 June 2003 is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his records to show his service in Kuwait/Iraq as 15 January 2003 to 17 June 2003 and add this period of 6 months and 2 days to his foreign service.


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

4.  The evidence of record also shows that the applicant's service in Iraq from 15 January 2003 to 17 June 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.

5.  Permanent Orders awarded the applicant the four awards of Army Commendation Medal for meritorious service and/or achievement, which are not shown on his record; therefore, he is entitled to correction of his records to show these awards.

6.  Permanent Orders awarded the applicant four awards of the Army Achievement Medal, only one of which is shown on his records; therefore, he is entitled to correction of his records to show these awards.

7.  Permanent Orders awarded the applicant the Driver and Mechanic Badge with Mechanic Bar and Driver-W Bar, which are not shown on his records; therefore, he is entitled to correction of his records to show these badges.

8.  The evidence of record shows that the applicant was assigned to a unit that was awarded the Presidential Unit Citation, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

9.  The evidence of record shows that the applicant served in Bosnia from 19 December 1995 to 16 November 1996 and from 14 February 199 to 14 August 1999, which is not shown on his records.  Therefore, he is entitled to correction of his records to show these periods of service.

10.  The evidence of record shows that the applicant served a qualifying period of service for award of the Korean Defense Service Medal, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.





11.  The evidence of record shows that the applicant was awarded two awards of the Good Conduct Medal for the periods 4 February 1994 to 3 February 1997 and 4 February 1997 to 3 February 2000.  Furthermore, the evidence of record confirms that the applicant served honorably from 4 February 200 to 3 February 2003.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the third award of the Good Conduct Medal based on completion of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 the entries "Service in Bosnia from 19 December 1995 to 16 November 1996 and from 14 February 1999 to 14 August 1999," and "Service in Kuwait/Iraq from 15 January 2003 to 17 June 2003" to Item 18 of the applicant's DD Form 214;

	b.  deleting the entry "0006  04  05" from Item 12f of his DD Form 214 and replacing it with the entry "0007  00  07"; 

	c.  awarding the applicant the Good Conduct Medal (3rd Award) for exemplary behavior, efficiency, and fidelity during the period 4 February 2000 to 3 February 2003; 

	d.  deleting the entries "Army Achievement Medal" and "Army Good Conduct Medal (2nd Award)"; and



	e.  showing award of the Army Commendation Medal (3rd Oak Leaf Cluster), the Army Achievement Medal (3rd Oak Leaf Cluster), the Good Conduct Medal (3rd Award), the Global War on Terrorism Service Medal, the Korean Defense Service Medal, the Presidential Unit Citation, the Driver and Mechanic Badge with Mechanic Bar and Driver-W Bar, and the Iraq Campaign Medal with two bronze service stars.




      ___        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)                                         AR20080012250



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ABCMR Record of Proceedings (cont)                                         AR20080012250



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