IN THE CASE OF:	  

		BOARD DATE:	      21 JULY 2009

		DOCKET NUMBER:  AR20090002118 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
1 April 2004:  the Army Reserve Components Achievement Medal (2nd Award), the Army Commendation Medal with "V" device, the Army Good Conduct Medal, the Valorous Unit Award, the Overseas Service Ribbon, the Combat Action Badge, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states the above awards were awarded after his release from active duty.

3.  The applicant provides, in support of his application, six sets of orders and four memoranda for the awards he is requesting; his DD Forms 214 with a separation date of 30 July 1998 and 1 April 2004; his orders to active duty; his orders for release from active duty; his orders for discharge; and a memorandum from the 505th Parachute Infantry Regiment, 82nd Airborne Division.

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 U.S. Army Reserve (USAR) on 13 January 1997 for a period of 8 years.  He completed
1 month and 21 days of active duty for training and he was awarded the military occupational specialty of 12B (Combat Engineer).

3.  On 8 February 2003, the applicant, as a member of the 489th Engineer Battalion, Combat Corps (Mechanized), was ordered to report for active duty on 10 February 2003 for a period of 365 days in support of Operation Enduring Freedom.

4.  A memorandum, dated 1 December 2003, from B Company, 489th Engineer Battalion (Corps) (Mechanized) awarded the applicant his second award of the Army Reserve Components Achievement Medal.

5.  On 1 April 2004, the applicant was released from active duty by reason of his having completed his required active service.  He had completed 1 year, 
1 month, and 22 days of active service that was characterized as honorable.  None of the awards the applicant is requesting are listed in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.  

6.  Item 18 (Remarks) of the applicant's DD Form 214 contains an entry indicating he served in an imminent danger pay area, Iraq/Kuwait from 
19 April 2003 to 4 March 2004.

7.  Commander, Task Force 82, Multi-National Division-West, Champion Base, Iraq Permanent Order Number 104-198, dated 13 April 2004, awarded the applicant the Army Commendation Medal with "V" device.

8.  A memorandum for the record from the 505th Parachute Infantry Regiment, 82nd Airborne Division, dated 7 January 2005 stated the 489th Engineer Battalion, among other units, was assigned to the 3rd Brigade Combat Team, 82nd Airborne Division during Operation Iraqi Freedom.

9.  On 1 February 2005, the applicant was discharged from the USAR.  His service was characterized as honorable.

10.  A memorandum, dated 7 December 2005 from B Company, 489th Engineer Battalion awarded the applicant, among others, his first Army Good Conduct Medal for the period of service from 10 February 2003 to 1 April 2004.

11.  A memorandum, dated 12 December 2005, from the U.S. Army Human Resources Command, Alexandria, VA (HRC) notified the Commander, 82nd Airborne Division that the 3rd Brigade Combat Team, 82nd Airborne Division had been awarded the Valorous Unit Award for the period from 1 August 2003 to 
31 March 2004.

12.  A memorandum, dated 30 December 2005, from B Company, 489th Engineer Battalion awarded the applicant, among others, the Overseas Service Ribbon for the period of service from 10 February 2003 to 1 April 2004.

13.  Headquarters, U.S. Army 90th Regional Readiness Command, North Little Rock, AR announced the award of the Combat Action Badge to the applicant for actively engaging or being engaged by the enemy on 11 September 2003.

14.  Army Regulation 600-8-22 provides that the initial award of the Global War on Terrorism Expeditionary Medal is limited to soldiers deployed abroad in operations ENDURING FREEDOM and IRAQI FREEDOM in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, 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, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible for the Global War on Terrorism Expeditionary Medal a soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

15.  Army Regulation 600-8-22 provides, in pertinent part, Award of the Global War on Terrorism Service Medal is authorized 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. 

16.  Headquarters, U.S. Army Human Resources Command message, dated 17 March 2004, stated Soldiers may receive both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the requirements of both awards.  However, the same period of service establishing eligibility for one cannot be used to justify service eligibility for the other.

DISCUSSION AND CONCLUSIONS:

1.  Orders provided by the applicant show he was awarded the Army Commendation Medal with "V" and the Combat Action Badge.  Therefore, it is appropriate to include these awards on his DD Form 214.

2.  Memoranda provided by the applicant show he was awarded the Army Good Conduct Medal and Army Reserve Components Achievement Medal, and authorized the Valorous Unit Award and the Overseas Service Ribbon.  Therefore, it is appropriate to include these awards on his DD Form 214.

3.  The applicant requested the Global War on Terrorism Expeditionary Medal.  Item 18 of his DD Form 214 shows he served in Iraq/Kuwait from 19 April 2003 to 4 March 2004.  Therefore, he meets the 30 day consecutive requirement and is authorized the Global War on Terrorism Expeditionary Medal.  Therefore, it is appropriate to include this award on his DD Form 214.

4.  The applicant was ordered to active duty to report on 10 February 2003.  Based on the entry in item 18 of his DD Form 214 he did not deploy to Iraq/Kuwait until 19 April 2003.  This shows the applicant served 30 consecutive days active duty outside the designated area in support of the Global War on Terrorism during a period that was not used to establish eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is authorized the Global War on Terrorism Service Medal and it is appropriate to include this award on his DD Form 214.



BOARD VOTE:

________  ________  ________  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 amending item 13 of his DD Form 214 to show he was awarded or is authorized the Army Commendation Medal with "V" device, the Army Good Conduct Medal, the Army Reserve Components Achievement Medal (2nd Award), the Valorous Unit Award, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Overseas Service Ribbon, and the Combat Action Badge.





      _______ _   _______   ___
               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)                                         AR20090002118





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ABCMR Record of Proceedings (cont)                                         AR20090002118



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