IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013388 


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 Iraq Campaign Medal, one Overseas Service Bar, the Combat Patch, and completion of the Defensive Driving Course.

2.  The applicant states, in effect, that his DD Form 214 omitted his awards and training.

3.  The applicant provides a copy of his DD Form 214, dated 12 February 2002; a copy of a memorandum, dated 18 December 2003, Certification of Deployment to Iraq; an Internet printout, dated 10 August 2008, describing the Iraq Campaign Medal; a memorandum for record, dated 9 July 2003, authorizing him the wear of the shoulder sleeve insignia/former wartime shoulder sleeve (SSI/FWTS); and a certificate of training, dated 25 July 1992, showing completion of a four-hour defensive driving course, 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.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.  As a result, this will not be furthered addressed in this Record of Proceedings.

3.  Army Regulation 670-1 (Paragraph 28-28d) states that Soldiers are authorized wear of one overseas service bar for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Enduring Freedom, Operation Iraqi Freedom, the U.S. Central Command (CENTCOM) area of operations, or under the control of CENTCOM, from 19 September 2001 to a date to be determined.  The months of arrival in and departure from the CENTCOM area of operations are counted as whole months.  However, the Overseas Service Bar is a uniform item, not an award or a decoration.  As a result, this will not be furthered addressed in this Record of Proceedings.  

4.  The applicant's records show he enlisted in the Regular Army for a period of 2 years on 13 February 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 21B (Combat Engineer).  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 12 February 2004. The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

5.  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 Lapel Button, the Army Commendation Medal (2nd Award), the National Defense Service Medal, the Army Service Ribbon, and the Driver/Mechanic Badge with Driver-T Bar.  Item 24 does not show award of the Iraq Campaign Medal.

6.  Item 14 (Military Education) of the applicant's DD Form 214 shows he completed the 12-week Combat Engineer Course in June 2002.  Item 14 does not show completion of the 4-hour Defensive Driving Course.

7. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 1 April 2003 to 25 November 2003.

8.  The applicant submitted a memorandum, dated 18 December 2003, issued by Headquarters and Headquarters Company, 299th Engineer Battalion, 4th Infantry Division, Fort Hood, Texas, that shows he was deployed to and served in Iraq from 1 April 2003 to 25 November 2003, in support of Operation Iraqi Freedom.

9.  The applicant submitted a copy of a DA Form 87 (Certificate of Training), dated 25 July 2002, that shows he completed the National Safety Council 4-hour defensive driving course, at Fort Hood, Texas, 

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.  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. 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.  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.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the Soldier's military education in Item 14 is obtained from the Enlisted Record Brief (ERB).  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed. 

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

14.  Army Regulation 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.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.   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; or 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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The evidence of record also shows that the applicant's service in Iraq for a period of 7 months and 25 days, from 1 April 2003 to 25 November 2003.  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.

3.  The evidence of record confirms that the applicant served honorably from 13 February 2002 through 12 February 2004.  He served in Iraq, attained the rank/grade of SPC/E-4, and was awarded two Army Commendation Medals.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the 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.  With respect to the applicant's military education, the evidence of record shows that this training orientation was 4 hours in length.  Military training courses of less than 1 week (40 hours) are not considered formal courses of training and, as such are not entered on the 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:

   a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 February 2002 
to 12 February 2004; and

	b.  adding award of the Good Conduct Medal (1st Award), the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal to his DD Form 214.

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 completion of the four-hour Defensive Driving Course.




      _______ _ 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)                                         AR20080013388



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ABCMR Record of Proceedings (cont)                                         AR20080013388



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