IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090003458 


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 reconsideration for award of the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal for his service in Iraq and Guantanamo Bay, Cuba.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Iraq and Guantanamo Bay, Cuba.  He further requests award of the Combat Action Badge for service during combat operations while in Iraq.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his foreign service in Iraq or his combat experiences while stationed in Tikrit, Iraq and Guantanamo Bay, Cuba.  He also states he did not receive the Combat Action Badge even though he endured combat where one of his fellow Soldiers was killed in action.

3.  The applicant provides the following documents in support of his application:

	a.  a copy of Headquarters, III Corps, Fort Hood, TX, Permanent Orders 071-6, dated 12 March 2003, directing the applicant to proceed on Temporary Change of Station (TCS) from Fort Hood, TX to Kuwait in support of Operation Enduring Freedom on or about 21 March 2003;

   b.  a Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, Fort Hood, TX memorandum, subject:  Request Authorization for Redeployment, dated 15 October 2003, signed by the brigade commander requesting authorization for the applicant to depart the CENTCOM AOR [Central Command Area of Responsibility] for the purpose of separation from the service;
   c.  an Army Commendation Medal awarded through the publication of Headquarters, 1st Brigade, 4th Infantry Division, Fort Hood, Order Number 274-23, dated 1 October 2003, for exceptionally meritorious service during the liberation of Iraq in support of Operation Iraqi Freedom for the period 19 March 2003 to 1 November 2003; 
   
   d.  a 401st Military Police Company, Fort Hood, memorandum, subject:  Clear Without Orders, dated 24 November 2003, stating the applicant returned from Iraq due to ETS [expiration of term of service] on 10 February 2004;
   
   e.  a copy of an NCO [Noncommissioned Officer] Evaluation Report for the period August 2003 through December 2003 that shows he successfully led his team and squad through three ambushes while on combat patrols in Tikrit, Iraq;
   
   f.  an Army Commendation Medal awarded through the publication of Headquarters, 89th Military Police Brigade, Fort Hood, Permanent Order Number 302-05, dated
29 October 2003, for exceptionally meritorious service while assigned as a Team Leader from 1 August 1999 to 9 February 2004; and
	
   g.  a casualty report that shows a private in the 401st Military Police Company was killed in action during small arms fire in Tikrit, Iraq on 7 June 2003.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006465 on 24 September 2008.

2.  The applicant requested that the Iraq Campaign Medal be added to his DD Form 214.  On 19 March 2009, a DD Form 215 (Correction to DD Form 214) was issued to add the Iraq Campaign Medal to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be provided with the results of these Proceedings.

3.  The new evidence submitted are the two permanent orders awarding the applicant two Army Commendation Medals and an NCO Evaluation Report which warrant consideration by the Board.  The applicant’s new request that was not previously considered is for award of the Combat Action Badge.

4.  In the original findings the ABCMR found that item 13 of the applicant’s DD Form 214 should be corrected to show award of the North Atlantic Treaty Organization (NATO) Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  The ABCMR also added "SERVICE IN TAZAR, HUNGARY (SFOR7) FROM 20000316 – 20000916" to item 18 (Remarks) of the applicant's DD Form 214.

5.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board denied so much of the application that pertained to including the applicant's Foreign Service credit and awards for Egypt; Guantanamo Bay, Cuba; and Iraq.

6.  The applicant’s official military personnel file (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) shows that on or about
12 January 2002, the applicant proceeded on TCS orders to USSOUTHCOM [U.S. Southern Command] AOR in support of Operation Enduring Freedom.  Headquarters, III Corps, Fort Hood, Permanent Orders 011-1, dated 11 January 2002, shows that the applicant deployed by MILAIR [military aircraft] to Guantanamo Bay, Cuba. 

7.  The applicant’s OMPF also shows that he received an NCO Evaluation Report for the period April 2002 to July 2002.  The report shows that the applicant’s area of special emphasis included deployment to Cuba in support of Operation Enduring Freedom where he was credited with “deploying his team to Cuba.”  His rater, senior rater, and reviewing officer authenticated his report.  

8.  On or about 21 March 2003, the applicant proceeded on TCS orders to Kuwait in compliance with Permanent Orders 071-6, dated 12 March 2003, in support of Operation Enduring Freedom.  

9.  On 1 October 2003, the applicant’s brigade headquarters published permanent orders awarding him the Army Commendation Medal for his exemplary performance of his duties while patrolling the streets of Tikrit, Iraq during the liberation of Iraq.  The dates of service in Iraq shown on his award permanent orders were from 19 March 2003 to 1 November 2003.

10.  The applicant's iPERMS record shows that he received an NCO Evaluation Report for the period August 2003 to December 2003.  The report shows that the applicant’s area of special emphasis included Operation Iraqi Freedom where he was credited with leading “his team and squad successfully through three ambushes while on combat patrols in Tikrit, Iraq.”  His rater, senior rater, and reviewing officer authenticated his evaluation report.  

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Headquarters, U.S. Army Human Resources Command (USA HRC) message, dated 17 March 2004, states 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.

13.  Headquarters, USA HRC message, dated 23 September 2005, states Soldiers who served in Colombia and Guantanamo Bay, Cuba are eligible for award of the Global War on Terrorism Expeditionary Medal.  Soldiers serving in this area on or after
11 September 2001 in support of Global War on Terror (Operations Enduring Freedom and Iraqi Freedom) and who meet the general award criteria are authorized award of the Global War on Terrorism Expeditionary Medal.

14.  Army Regulation 600-8-22 states that the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active 
service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

16.  Army Regulation 635-5 further states that for item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he did not receive the Global War on Terrorism Expeditionary Medal for his service in Iraq and Guantanamo Bay, Cuba.  He also contends his records should be corrected to reflect his service in Iraq and Guantanamo Bay, Cuba.  He further contends he should be awarded the Combat Action Badge for his combat service in Iraq.

2.  The evidence of record shows the applicant’s unit received permanent orders directing that they proceed on TCS directing the applicant and his unit to report to Guantanamo Bay, Cuba.  There is an NCO Evaluation Report for his period of service in Guantanamo Bay, Cuba that confirms he deployed in excess of 30 days.  Therefore, there is sufficient evidence to award the applicant the Global War on Terrorism Expeditionary Medal.  

3.  There is no official document that directed the applicant to redeploy to his home station from Guantanamo Bay, Cuba on a specified date.  As such, there is insufficient evidence to determine the end date of his foreign service tour in Cuba.  Therefore, without an official dated document showing that the applicant returned to his home station on a specified date, no foreign service credit can be awarded since foreign service entries are exact dates.
 
4.  The applicant’s NCO Evaluation Report for his period of service during Operation Iraqi Freedom confirms that the applicant was personally present and actively engaged by the enemy when he and his team were ambushed three times while patrolling on the streets of Tikrit, Iraq.  Therefore, there is sufficient evidence to support awarding the applicant the Combat Action Badge and correcting his records to show this award.  

5.  The applicant's foreign service tour credit in Iraq was from 19 March 2003 to 1 November 2003 for a total of 7 months and 13 days.  The Board’s first decision included correcting the applicant’s record to show he served in Tazar, Hungary from 16 March 2000 to 16 September 2000 for a total of 6 months.  Therefore, item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 should be corrected to show his total foreign service as "1 year, 1 month, and 13 days." 

6.  Item 18 of his DD Form 214 should also be corrected to add the entry "SERVICE IN IRAQ FROM 20030319 – 20031101."

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 partial amendment of the ABCMR’s decision in Docket Number AR20080006465, dated 24 September.  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 Combat Action Badge;

	b.  adding to item 13 of the applicant's DD Form 214 the Global War on Terrorism Expeditionary Medal and Combat Action Badge;

   c.  deleting from item 12f of the applicant's DD Form 214 the entry "0000 00 00" and replacing it with the entry "0001 01 12"; and

	d.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN IRAQ FROM 20030319 – 20031101.”

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 foreign service credit for the applicant’s service in Guantanamo Bay, Cuba.



      _________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)                                         AR20090003458



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ABCMR Record of Proceedings (cont)                                         AR20090003458



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