IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080019122 


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 Army Reserve Components Achievement Medal, the Overseas Service Ribbon, and the Iraq Campaign Medal with two bronze service stars. 

2.  The applicant states that he was activated as a member of the U.S. Army Reserve (USAR) from 10 February 2003 until 9 February 2004; seven months and 26 days of which was served in support of Operation Iraqi Freedom from
29 April to 25 December 2003.  He states the Iraq Campaign Medal was created after his discharge.  He also states that he feels it is important to have an accurate record of his service on file.  

3.  The applicant provides a copy of Orders M-042-0149, issued by Headquarters, 99th Regional Support Command, Coraopolis, PA, on 11 February 2003; a copy of Orders 118-00261, issued by Headquarters, U.S. Army Transportation Center and Fort Eustis, Fort Eustis, VA, on 28 April 2003; a copy of his DD Form 214, dated 9 February 2004; and internet printouts of the criteria for award of the Army Reserve Components Achievement Medal, the Overseas Service Ribbon, and the Iraq Campaign Medal, dated 17 October 2008, in support of his request. 





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 USAR on 24 March 2000.  He was subsequently ordered to active duty for training (ADT) on or around 30 August 2000, he completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 31B (Military Police).  He was honorably released from ADT to his USAR unit on or about 19 January 2001.  He was assigned to the 88th Military Police Company, Fort Eustis, VA 

3.  On 10 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom.  He was honorably separated and transferred to the control of his USAR unit on 9 February 2004.  The DD Form 214 he was issued shows he completed 1 year of creditable active service during this period. This form also shows the following entries:

	a.  item 12f (Foreign Service) shows the entry “0000  07  26” indicating he completed 7 months and 26 days of foreign service during the period covered by the DD Form 214; 

	b.  item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Armed Forces Reserve Medal with “M” Device, the Army Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal, the Army Service Ribbon, the Army Reserve Components Overseas Training Ribbon, and the Driver and Mechanic Badge with Driver-W Bar; and  

	c.  item 18 (Remarks) shows the entry “ordered to active duty in support of Operation Enduring Freedom” but does not list any service in a hostile fire pay/imminent danger pay (HFP/IDP) area.


4.  The applicant submitted a copy of Orders M-042-0149, issued by Headquarters, 99th Regional Support Command, Coraopolis, PA, on 11 February 2003, ordering him to active duty for the purpose of mobilization for Operation Enduring Freedom for a period of 365 days, effective 10 February 2003.  

5.  The applicant also submitted a copy of Orders 118-00261, issued by the U.S. Army Transportation Center and Fort Eustis, Fort Eustis, VA, on 28 April 2003, ordering the applicant’s unit (the 88th Military Police Company) reassigned to Kuwait in support of Operation Enduring Freedom, effective 29 April 2003.  The applicant’s name is listed on the by name list attached to the orders. 

6.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 23 March 2009, confirms that the applicant received HFP/IDP for service in Kuwait/Iraq from 30 April 2003 through 31 December 2003.

7.  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.  

8.  Army Regulation (AR) 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

9.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

10.  AR 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Effective 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 to 3 years.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.  A member must be recommended for the award by his/her unit commander.

11.  AR 600-8-22 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.  Only one award of this 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. 
12.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom: Liberation of Iraq, from19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.  

13.  A review of the applicant’s records indicates his entitlements to additional awards that are not shown on his DD Form 214.

14.  AR 600-8-22 provides 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, 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, Enduring Freedom, or 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.  AR 600-8-22 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.  

16.  By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command provided clarification on award of the Army Good Conduct Medal.  It stated that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The 

period of services for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization s lost and cannot count towards award of the ARCAM).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's service in Iraq from 29 April to 23 December 2003 is consistent with his DFAS pay records, and with the period of foreign service shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show he served in Iraq from 29 April to 
23 December 2003.  Additionally, 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.

2.  The applicant’s records show he completed a period of service that qualifies him for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  With respect to award of the Army Reserve Components Achievement Medal, the applicant enlisted in the USAR on 24 March 2000.  He would have completed the 3 years of service required for award of this medal on 23 March 2003.  However, he was mobilized and entered active duty on 10 February 2003.  His period of eligibility for this award ended on 10 February 2003 and did not restart (as a new qualifying period) until 10 February 2004, the day following his release from active duty.  Therefore, he does not meet the eligibility criteria for award of the Army Reserve Components Achievement Medal.

4.  However, the evidence of record shows that the applicant was ordered to active duty in support of Operation Enduring Freedom on 10 February 2003 and he was honorably separated and transferred to the control of his USAR unit on 
9 February 2004 after completing 1 year of creditable, Federal active military service.  He attained the rank of SPC/E-4 and completed nearly 8 months of combat service in Kuwait/Iraq.  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.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to the Overseas Service Ribbon, the evidence of record shows the applicant completed 7 months and 26 days of foreign/overseas service.  He did not serve 9 continuous months in Iraq in a temporary change of station/tour of duty status and was not credited with a complete short tour.  Therefore, he does not meet the criteria for 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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 February 2003 through 9 February 2004; 

	b.  adding the entries "Service in Kuwait/Iraq from 29 April 2003 to
23 December 2003” to Item 18 of the applicant's DD Form 214; and

	c.  adding the Good Conduct Medal (1st Award), the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars to the applicant’s 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 award of the Army Reserve Components Achievement Medal and the Overseas Service Ribbon.  



															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)                                         AR20080019122



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ABCMR Record of Proceedings (cont)                                         AR20080019122



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