IN THE CASE OF:	

		BOARD DATE:	16 June 2009    

		DOCKET NUMBER:  AR20080019938 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 March 2004, be corrected by adding the Combat Action Badge (CAB), Army Commendation Medal (ARCOM), Overseas Service Ribbon (OSR), National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Armed Forces Reserve Medal (AFSM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), and Iraq Campaign Medal (ICM) to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).

2.  The applicant states, in effect, he would like his record and DD Form 214 corrected to reflect the awards he earned during his Iraq service.

3.  The applicant provides the following documents in support of his application:  self-authored statement; electronic mail (e-mail) message; DD Form 214, dated 29 March 2004; Headquarters, 90th Regional Support Center (RSC), Orders 321-015, dated 17 November 2003; Headquarters, 90th RSC, 
Orders 03-030-0031, dated 30 January 2003; Headquarters, Joint Readiness Training Center (JRTC) and Fort Polk, Permanent Orders 066-301, dated 7 March 2003; 692nd Quartermaster Battalion memorandum for record (MFR), dated 26 May 2003; and Headquarters, 90th RSC, Orders 03-211-00039, dated 30 July 2003.


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 while a member of the United States Army Reserve (USAR) he was ordered to active duty in support of Operation Enduring Freedom on 7 February 2003.  He served on active duty until 29 March 2004, at which time he was honorably released from active duty (REFRAD) under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of required active service.

3.  The DD Form 214 issued to the applicant upon his 29 March 2004 REFRAD shows he completed a total of 1 year, 1 month, and 23 days of active military service during the period.  Item 13 shows he earned the following awards during his tenure on active duty:  National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Driver and Mechanic Badge with Driver-W Bar, and Louisiana War Cross.  Item 18 (Remarks) shows the applicant served in Kuwait and Iraq during the period 21 March 2003 through 4 March 2004.

4.  The applicant's official military personnel file (OMPF) contains an ARCOM Certificate which shows he was awarded the ARCOM for his meritorious achievement while serving as a signal support systems sergeant during Operation Iraqi Freedom from 7 February 2003 through 1 February 2004 and that this award was authorized and announced in 7th Corps Support Group Permanent Orders 345-85.

5.  The applicant's OMPF is void of any orders or other documents showing he was ever recommended for or awarded the CAB by proper authority.  It is also void of any orders or other documents showing he ever completed an overseas tour.

6.  On 18 May 2009, a member of the Board staff contacted the applicant to inform him that by regulation, both the ICM and GWOTEM could not be awarded for the same period of service in Iraq and that he would have to elect to request only one of these awards for his Iraq service.  In an e-mail message, dated 18 May 2009, the applicant elected to request the ICM for this period of Iraq service.

7.  Army Regulation 600-8-22 (Military Awards) states the OSR 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 OSR.

8.  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 OSR?  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."

9.  Paragraph 2-17 of Army Regulation 600-8-22 contains guidance on the ICM.  It states, in pertinent part, that the ICM is authorized to members who served in Iraq for 30 consecutive or 60 non-consecutive days between 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  It further stipulates that service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  One bronze service star shall be worn on the suspension and campaign ribbon of the ICM for 1 or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

10.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOTSM.  It states, in pertinent part, that the GWOTSM is authorized to all members who served on active duty outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

11.  Paragraph 5-5 of Army Regulation 600-8-22 contains guidance on award of the ASR.  It states, in pertinent part, that effective 1 August 1981, it is authorized to all members of the United States Army for successful completion of initial entry training.  It further states that ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status on or after 1 August 1981.

12.  Paragraph 8-8 of Army Regulation 600-8-22 contains guidance on the CAB.  It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized, he/she must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement, and he/she must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB is authorized from 18 September 2001 to a date to be determined.  The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible to receive the OSR, GWOTSM, and ICM was carefully considered and found to have merit.  The evidence of record confirms the applicant served on active duty outside of a designated AOE for 30 consecutive days after 11 September 2001.  It also confirms he served in Iraq, an authorized AOE, in support of OIF from 21 March 2003 through 4 March 2004.  Therefore, he is entitled to the OSR, GWOTSM, and the ICM with two bronze service stars based on his 10-month and 15-day tour of duty in Iraq and these awards should be added to his record and separation document at this time.

2.  The evidence of record also shows that the applicant received the ARCOM for his meritorious achievement as a signal support systems sergeant in support of Operation Iraqi Freedom during the period 7 February 2003 through 1 February 2004 and that this award was authorized and announced in official orders as evidenced by the ARCOM Certificate contained in his OMPF.  Therefore, it would be appropriate to add the ARCOM to his DD Form 214 at this time.

3.  The applicant's contention that he is eligible for the ASR was carefully considered and found to have merit.  By regulation, the ASR is authorized is to members who have been on an active Army status since on or after 1 August 1981.  Therefore, it would be appropriate to add this award to his DD Form 214 at this time.

4.  The applicant's contention the he should be awarded the CAB was also carefully considered.  However, by regulation, in order to award the CAB there must be evidence that a member serving in an area where hostile fire pay or imminent danger pay is authorized was personally present and actively engaged or was being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must not have been assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The applicant's record is void of any orders or other documents indicating he was ever recommended for or awarded the CAB by proper authority while serving in Iraq.  Further, there are no documents or records entries on file that confirm his presence and participation with a qualifying unit while it was engaged in active ground combat with enemy forces.  As a result, the regulatory criteria necessary to support award of the CAB has not been satisfied in this case.

5.  The applicant's contention that the NDSM and AFRM should be added to his DD Form 214 was also carefully considered.  However, given these awards are currently listed in item 13 of the DD Form 214 in question they will not be discussed further.

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 amending his 29 March 2004 DD Form 214 by adding the Army Commendation Medal, Army Service Ribbon, Global War on Terrorism Service Medal, Overseas Service Ribbon, and Iraq Campaign Medal with two bronze service stars and by providing him a correction to his DD Form 214 that includes 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 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)                                         AR20080019938



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ABCMR Record of Proceedings (cont)                                         AR20080019938



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