IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080014650 


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 Global War on Terrorism Service Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, and Combat Action Badge.

2.  The applicant states, in effect, he should be awarded the Global War on Terrorism Service Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal based upon his honorable service in the countries of Iraq and Afghanistan in support of Operations Iraqi Freedom and Enduring Freedom.  The applicant further states that he should be awarded the Combat Action Badge due to the fact that he was in close proximity of numerous enemy mortar attacks on Abu Ghraib during the period of 1 June 2003 through 31 August 2003.

3.  The applicant provides a DD Form 214 as documentary evidence 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 record shows that he enlisted in the Regular Army and entered active duty on 20 May 1999.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training he was awarded military occupational specialty (MOS) 97E (Human Intelligence Collector).  The highest rank he attained while serving on active duty was the rank of specialist/pay grade E-4.  On 30 November 2003, the applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Reinforcement) after completing 4 years, 6 months, and 11 days of active duty service.

3.  The applicant's DD Form 214 shows that he served in Afghanistan from 19 July 2002 to 29 January 2003 in support of Operation Enduring Freedom.  This form also shows the applicant served in Iraq from 12 March 2003 to 15 August 2003 in support of Operation Iraqi Freedom.

4.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Global War on Terrorism Service Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, or Combat Action Badge.

5.  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 of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

6.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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 who were assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days meet the criteria for award of Afghanistan Campaign Medal.

7.  Army Regulation 600-8-22 states 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 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 who were assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days meet the criteria for award of Iraq Campaign Medal.

8.  The following rules apply to award of the Afghanistan Campaign Medal and the Iraq Campaign Medal:  the Afghanistan Campaign Medal and the Iraq Campaign Medal may be awarded posthumously, only one award of each medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for participation in a named campaign and states that authorized bronze service stars will be worn on the appropriate service medal.  Department of the Army Military Personnel Message 08-123 provided guidance on the criteria, applicability, and standards on awarding and wear of service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Afghanistan, he completed a qualifying period of service during the Consolidation I campaign.  During the applicant's tour of duty in Iraq, he completed qualifying periods of service during the Liberation of Iraq and Transition of Iraq campaigns.

10.  Army Regulation 600-8-22 states 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 Combat Action Badge will be announced in permanent orders.  The award of the Combat Action Badge is not automatic and will not be awarded solely on the basis of award of the Purple Heart.

11.  There is no evidence in the available records that shows the applicant was either awarded or recommended for award of the Combat Action Badge.  Additionally, there is no evidence that the applicant was personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement at any time.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Global War on Terrorism Service Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, and Combat Action Badge was carefully considered and determined to have partial merit.

2.  Evidence shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to have his record corrected to show award of the Global War on Terrorism Service Medal.


3.  Evidence shows the applicant served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal.  Therefore, the applicant is entitled to have his record corrected to show award of the Afghanistan Campaign Medal.

4.  Evidence shows the applicant participated in one campaign during his period of service in Afghanistan.  Therefore, the applicant is entitled to have his record corrected to show award of one bronze service star to be affixed to his Afghanistan Campaign Medal.

5.  Evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal.  Therefore, the applicant is entitled to have his record corrected to show award of the Iraq Campaign Medal.

6.  Evidence shows the applicant participated in two campaigns during his period of service in Iraq.  Therefore, the applicant is entitled to have his record corrected to show award of two bronze service stars to be affixed to his Iraq Campaign Medal.

7.  There is no evidence in the available records that the applicant was either awarded or recommended for award of the Combat Action Badge.  Additionally, there is no evidence that the applicant was personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement at any time.  Therefore, there is no basis upon which to grant the requested relief.

8.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement for award of the Combat Action Badge.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.  adding the Global War on Terrorism Service Medal;

	b.  adding the Afghanistan Campaign Medal with one bronze service star;

	c.  adding the Iraq Campaign Medal with two bronze service stars; and

	d.  providing the applicant a correction to his separation document to show these changes.

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 award of the Combat Action Badge.



      __________x_______________
                 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)                                         AR20080014650



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ABCMR Record of Proceedings (cont)                                         AR20080014650



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