IN THE CASE OF:	  

		BOARD DATE:	        09 DECEMBER 2008

		DOCKET NUMBER:  AR20080014572 


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 he be awarded the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), and the Combat Action Badge (CAB).

2.  The applicant essentially states that he did not receive the aforementioned awards and decorations before he was discharged, and that they are not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him at the time of his discharge on 12 January 2005, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings.  He also states that his unit was still in Iraq when he was medically evacuated to the United States for a medical discharge. 

3.  The applicant provides orders, dated 4 December 2003, which ordered him to active duty in support of Operation Iraqi Freedom on 11 December 2003 and his DD Form 214 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 having previously served in the Army National Guard from 28 September 1990 to 27 September 2001, he again enlisted in the Army National Guard on 17 November 2003.  He was ordered to active duty in support of Operation Iraqi Freedom on 11 December 2003, and served in Iraq with Company B, 120th Engineer Battalion from 11 December 2003 to 27 October 2004.  On 12 May 2005 [see DD Form 215 (Correction to 
DD Form 214)], he was honorably discharged with disability severance pay.  His DD Form 214 shows that he was awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal (3rd Award), the National Defense Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Army Reserve Overseas Training Ribbon (3rd Award), and the Air Assault Badge.

3.  The applicant's Army National Guard Retirement Points History Statement, dated 12 October 2006, essentially shows that he accumulated more than 
50 points in 11 consecutive years.  His DD Form 214 also shows that he was ordered to active duty in support of Operation Iraqi Freedom on 11 December 2003.  However, his DD Form 214 does not show that he was awarded the Armed Forces Reserve Medal with "M" Device. 

4.  The applicant served in Iraq from 11 December 2003 to 27 October 2004; however, his DD Form 214 does not show that he was awarded the GWOTEM.  The analyst for these proceedings attempted to contact the applicant to determine if he would prefer to be awarded the Iraq Campaign Medal in lieu of the GWOTEM, but the applicant did not return that telephone call.

5.  The applicant served on active duty from 28 October 2004 to 12 January 2005, which was active duty service that was not used towards credit for the GWOTEM.  However, his DD Form 214 does not show that he was awarded the GWOTSM.

6.  The applicant requested that he be awarded the CAB.  However, his military records do not contain any orders awarding him the CAB.  The applicant also did not provide any orders which show that he was awarded the CAB.  Although he served in Iraq from 11 December 2003 to 27 October 2004, there is no evidence in the applicant's military records, and the applicant did not provide any evidence which conclusively shows that he was personally present and actively engaging or being engaged by the enemy at any point during his service in Iraq.

7.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

8.  The applicant served more than 9 consecutive months in Iraq; however, his DD Form 214 does not show that he was awarded the Overseas Service Ribbon.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed Forces.  Tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit towards this award but does not constitute a break-in-service. This regulation also provides that a bronze hourglass will be awarded upon completion of the first 10-year period award; a silver hourglass will be awarded upon completion of the second 10-year period award, denoting 20 years of Reserve service; and a gold hourglass will be awarded upon completion of the third 10-year period award, denoting 30 years of Reserve service.  This regulation also states that the "M" Device is authorized for wear on this medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the GWOTEM is awarded 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 to a date to be determined.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in an area of eligibility.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE):  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

11.  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 operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

12.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that individuals authorized the Iraq Campaign Medal 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 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 GWOTEM 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 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 Iraq Campaign Medal and the GWOTEM for the same action, time period, or service.

13.  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 the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 
14.  Army Regulation 600-8-22 also provides that 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.  This regulation also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation also states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for such periods of overseas service.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a TCS/TDY status get credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Armed Forces Reserve Medal with "M" Device, the GWOTEM, the GWOTSM, and the CAB.



2.  The applicant accumulated more than 50 points in 11 consecutive years and was ordered to active duty in support of Operation Iraqi Freedom.  Therefore, he is entitled to award of the Armed Forces Reserve Medal with "M" Device and Bronze Hourglass Device, and correction of his military records to show the award of the Armed Forces Reserve Medal with "M" Device and Bronze Hourglass Device. 

3.  The applicant served in Iraq from 11 December 2003 to 27 October 2004, and he specifically requested that he be awarded the GWOTEM.  Therefore, he is entitled to award of the GWOTEM, and correction of his military records to show the award of the GWOTEM.  The applicant is advised that he should reapply if ever wishes to convert his GWOTEM to the Iraq Campaign Medal.

4.  The applicant served on active duty from 28 October 2004 to 12 January 2005, and this service did not count towards his award of the GWOTEM.  Therefore, he is entitled to award of the GWOTSM, and correction of his military records to show the award of the GWOTSM.

5.  While the sincerity of the applicant's claim to entitlement to award of the Combat Action Badge is not questioned, there is no evidence in the applicant's military records, and the applicant did not provide any evidence which conclusively shows that he was personally present and actively engaging or being engaged by the enemy.  Regrettably, in view of the foregoing, there is insufficient basis for awarding him the Combat Action Badge in this case.

6.  The applicant served more than 9 consecutive months in Iraq; however, his DD Form 214 does not show that he was awarded the Overseas Service Ribbon. Therefore, he is entitled to award of the Overseas Service Ribbon, and correction of his military records to show the award of the Overseas Service Ribbon.

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 awarding him the Armed Forces Reserve Medal with "M" Device and Bronze Hourglass Device, the GWOTEM, the GWOTSM, and the Overseas Service Ribbon.

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 awarding him the CAB.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ 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)                                         AR20080014572



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ABCMR Record of Proceedings (cont)                                         AR20080014572



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