DOCKET NUMBER:  AR20090000198 


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 that all of the awards and decorations listed in 
Section VIII - AWDs and DECRs (awards and decorations) of his Enlisted Record Brief (ERB) be included in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 2003.  He also requests the inclusion of the Iraq Campaign Medal for his service in Iraq.

2.  The applicant states he left the service prior to the establishment of the Iraq Campaign Medal.  He also states all of his awards listed in his ERB were not included on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his ERB, Group Orders from Headquarters, 4th Infantry Division (Mechanized), and his 
DD Form 214.

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 personnel records show he enlisted in the Regular Army (RA) on 7 July 1999.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MSO) 13B (Cannon Crewmember).

3.  On 14 January 2002, the applicant was assigned to A Battery, 3rd Battalion, 16th Field Artillery.

4. Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, Orders 029012, dated 29 January 2003, are group orders for the 2nd Brigade to proceed on temporary change of station from Fort Hood to the Central Command (CENTCOM) area of responsibility (AOR) in support of Operation Enduring Freedom, and return to Fort Hood.  An attached listing to the orders contains a list of personnel from A Battery, 3rd Battalion, 16th Field Artillery who were deployed and the date of their deployment with the 2nd Brigade.  The applicant is listed as deploying on 7 April 2003.

5.  On 30 November 2003, the applicant was honorably released from active duty.  He had completed 4 years, 4 months, and 24 days of creditable active service.

6.  Item 13 of the applicant’s DD Form 214 contains entries for the Army Lapel Button, the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.  Item 18 (Remarks) shows he served in Southwest Asia from 7 April 2003 through 23 August 2003.

7.  Section VIII of the applicant's ERB shows he was awarded or authorized the Army Commendation Medal, Army Achievement Medal (5 awards), Army Good Conduct Medal, Kosovo Campaign Medal, NCO (noncommissioned officer) Professional Development  Ribbon, Army Service Ribbon, Overseas Service Ribbon, and the NATO Medal.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214.  Included on this list is the ERB and any other document authorized for filing in the Official Military Personnel File (OMPF).
10.  Army Regulation 635-5 provides in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the DD Form 214.

11.  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.  MILPER (military personnel) Message Number 08-123, issued 30 April 2008 provided Iraq campaign phases and the inclusive dates.  Based on the applicant's period of service in Iraq he served in the TRANSITION OF IRAQ (2 May 2003 – 28 June 2004).

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal to Soldiers who have participated in, or served in support of, Global War on Terrorism operations outside of the designated area of operations.  Initial award of the Global War on Terrorism Service Medal will be 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.  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 Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The Army Commendation Medal, Army Achievement Medal (5 awards), Kosovo Campaign Medal, NCO Professional Development Ribbon, and the NATO Medal are listed on the applicant's ERB but not on his DD Form 214.

2.  Regulation provides that all awards a Soldier was awarded or authorized are to be entered in item 13 of the Soldier's DD Form 214.  The governing regulation provides that a Soldier's ERB is a source document for entries on the DD Form 214.

3.  Therefore, it is appropriate to add the Army Commendation Medal, Army Achievement Medal (5 awards), Kosovo Campaign Medal, NCO Professional Development  Ribbon, and the NATO Medal to the applicant's DD Form 214.



4.  The Group Orders, with attached list, show the applicant was deployed with 
A Battery, 3rd Battalion, 16th Field Artillery on 7 April 2003.  The entry showing Southwest Asia service in item 18 of the applicant's DD Form 214 shows he redeployed on 23 August 2003.  

5.  In view of the above, the applicant participated in one campaign phase during his tour of duty in Iraq.  Therefore, he is authorized the Iraq Campaign Medal with one bronze service star.

6.  The applicant participated in, or served in support of, Global War on Terrorism operations outside of the designated area of operations.  Therefore, he is entitled to the Global War on Terrorism Service Medal.

BOARD VOTE:

___x____  ___x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of the applicant's DD Form 214 the Army Commendation Medal, Army Achievement Medal (5 awards), Kosovo Campaign Medal, NCO Professional Development  Ribbon, Iraq Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the NATO Medal.



      __________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)                                         AR20090000198



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ABCMR Record of Proceedings (cont)                                         AR20090000198


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