DOCKET NUMBER:  AR20090002371 


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 awards of the Soldier's Medal and the Combat Action Badge.

2.  The applicant states he received the awards after his release from active duty.

3.  The applicant provides a copy of his U.S. Air Force (USAF) DD Form 214, dated 28 February 1999; a copy of his U.S. Army DD Form 214, dated 16 April 2004; a copy of Permanent Orders C031-64, issued by Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, dated 31 January 2006; and a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 5 February 2004, 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.  With prior service in the USAF, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) for a period of 3 years on 3 September 1999.  He also executed a 2-year extension in the USAR on 6 February 2003.  He was trained in and held military occupational specialty 38A (Civil Affairs Specialist).  He was assigned to the 352nd Civil Affairs Command, Riverdale, MD.

3.  On 28 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Kuwait from 10 April 2003 to 20 April 2003 and Iraq from 20 April 2003 to 2 March 2004.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 to the control of his USAR unit on 16 April 2004.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending    16 April 2004 shows he was awarded the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal, the Air Force Outstanding Unit Award, the Air Force Good Conduct Medal, the National Defense Service Medal (2nd Award), the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, and the Air Force Training Ribbon.  Item 13 does not show award of the Soldier's Medal and/or the Combat Action Badge.

5.  Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, Permanent Orders C031-64, dated 31 January 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 20 July 2003.

6.  Headquarters, Coalition Forces Land Component Command (CFLCC)-Iraq, Permanent Order Number 036-005, dated 5 February 2004, shows the applicant was awarded the Soldier's Medal for heroism while traveling in a two-vehicle convoy on 1 July 2003.  With disregard for his own personal safety and well-being, the applicant rushed to the aid of a fellow Soldier and administered medical aid despite the actions of a hostile crowd in Iraq.

7.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  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.  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 1 day of eligibility.

9.  In April 2008, the Department of Defense authorized service stars to recognize service members for participating in the following campaigns of Operation Iraqi Freedom:  Liberation of Iraq from 19 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.

10.  Army Regulation 600-8-22 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.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal 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 60 non-consecutive days, or meet one of the following criteria:  (1) initial award of the Global War on Terrorism Service Medal 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 non-consecutive days are authorized the Global War on Terrorism Service Medal.

11.  The applicant’s record is void of any derogatory information that would have disqualified him from his first award of the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

13.  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 service 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Soldier's Medal and the Combat Action Badge.

2.  Permanent orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 20 July 2003 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent orders awarded the applicant the Soldier's Medal for heroism while serving in Iraq on 1 July 2003 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant served in Iraq from 20 April 2003 to 2 March 2004 in support of Operation Iraqi Freedom.  Therefore, he served a 

qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during his service in Iraq.  Therefore, he is also entitled to award of two bronze service stars to be affixed to his Iraq Campaign Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 28 February 2003 through 16 April 2004, completed a combat tour in Iraq, attained the rank/grade of SGT/E-5, and was awarded the Soldier's Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.

6.  The evidence of record also shows the applicant served on active duty from 28 February 2003 to 16 April 2004.  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and correction of his records to show this award.

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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 February 2003 through 16 April 2004; and


	b.  adding award of the Soldier's Medal, the Army Good Conduct Medal (1st Award), the Global War on Terrorism Service Medal, the Iraq Campaign Medal with two bronze service stars, and the Combat Action Badge to his DD Form 214 for the period ending 16 April 2004.



      ___________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)                                         AR20090002371



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ABCMR Record of Proceedings (cont)                                         AR20090002371



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