IN THE CASE OF:	  

		BOARD DATE:	        9 December 2008

		DOCKET NUMBER:  AR20080012375 


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 award of the Army Commendation Medal, the Army Achievement Medal (2d Oak Leaf Cluster), the Good Conduct Medal, and the Iraq War Service Medal [Iraq Campaign Medal].

2.  The applicant states he did not have the documentation at the time of his separation.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 November 2004;

	b.  DA Form 638 (Recommendation for Award) and certificate, dated 10 May 2003, showing award of the Army Commendation Medal; and

	c.  DA Forms 638 and certificates, dated 15 September 2002, 25 November 2003, and 11 May 2004, showing three awards of the Army Achievement Medal.

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 3 years on 6 November 2001. He completed basic combat and advanced individual training and was awarded military occupational specialty 13W (Field Artillery Meteorological Crewmember).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 5 November 2004.

3.  The applicant's records show he served in Kuwait from 21 July 2002 to 28 September 2002 and in Iraq from 8 January 2003 to 9 July 2003.  He was assigned to the 1st Battalion, 10th Field Artillery, 3d Brigade, 3d Infantry Division (Mechanized).

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 Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Presidential Unit Citation, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Army Lapel Button, and the Army Service Ribbon.

5.  Headquarters, 3d Brigade, 3d Infantry Division (Mechanized), Permanent Order Number 124-145, dated 10 May 2003, shows the applicant was awarded the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom from 8 January 2003 to 14 April 2003.

6.  Headquarters, 1st Battalion, 10th Field Artillery, Fort Benning, Georgia, Permanent Order Number 258-3, dated 15 September 2002, shows the applicant was awarded the Army Achievement Medal for outstanding achievement from 25 July 2002 to 23 September 2003.

7.  Headquarters, 1st Battalion, 10th Field Artillery, Permanent Order Number 329-19, dated 25 November 2003, shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 3 November 2003 to 24 November 2003.
8.  Headquarters, 1st Battalion, 10th Field Artillery, Permanent Order Number 131-01, dated 11 May 2004, shows the applicant was awarded the Army Achievement Medal for meritorious service from 9 January 2004 to 10 February 2004.

9.  The applicant's records do not contain orders showing he was awarded the Good Conduct Medal.

10.  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.

11.  Army Regulation 600-8-22 provides for award if the Iraq Campaign Medal.  It 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:

	(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.

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.  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.

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

14.  The U.S. Army Human Resources Command Awards and Decorations Branch Soldier Programs and Services Division database shows the 1st Battalion, 10th Field Artillery, is awarded the Presidential Unit Citation for extraordinary heroism in action against an armed enemy during Operation Iraqi Freedom during the period 19 March 2003 to 1 May 2003.  The Department of the Army general orders are pending.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom from 8 January 2003 to 14 April 2003 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  Permanent orders awarded the applicant three awards of the Army Achievement Medal for outstanding achievement and/or service during various periods of service which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows that the applicant served honorably during the period 6 November 2001 through 5 November 2004.  He attained the rank/grade of SPC/E-4 and served in Kuwait/Iraq in support of Operations Iraqi Freedom.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  General orders awarded the applicant's unit the Presidential Unit Citation for heroism in action during Operation Iraqi Freedom which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows that the applicant was awarded the Armed Forces Expeditionary Medal for his service in Kuwait from 21 July 2002 to 20 September 2003 and the Global War on Terrorism Expeditionary Medal for his service in Iraq from 8 January 2003 to 9 July 2003.  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, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

6.  Regulatory guidance allows a Soldier, upon application, to request award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  The applicant is, in effect, requesting such relief and is therefore entitled to award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary 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:

___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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 November 2001 through 5 November 2004; 

	b.  deleting the entry "Global War on Terrorism Expeditionary Medal" from item 13 of his DD Form 214; and

	c.  adding award of the Good Conduct Medal (1st Award), the Army Commendation Medal, the Army Achievement Medal (2nd Oak Leaf Cluster), the Presidential Unit Citation, and the Iraq Campaign Medal with two bronze service stars to item 13 of 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)                                         AR20080012375



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ABCMR Record of Proceedings (cont)                                         AR20080012375



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