IN THE CASE OF:	  

		BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090004535 


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 his records be corrected to reflect any and all awards associated with his service in Operation Iraqi Freedom.

2.  The applicant states that following his release from active duty his unit was awarded medals and recognition that he is entitled to but has yet to receive.  He maintains that because of the circumstances it would be in his best interest to show his combat experience.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and statements from his former unit confirming his deployment in support of Operation Iraqi Freedom.

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.  Records available to the Board indicate the applicant enlisted in the Regular Army (RA) on 30 September 1999.  Following completion of training he was assigned to the 1st Battalion, 15th Field Artillery in Korea from 8 March 2000 to 15 April 2001.  He was subsequently reassigned to the 4th Battalion, 1st Field Artillery, 1st Armored Division at Fort Riley, Kansas on 23 April 2001.  He was promoted to pay grade E-4 on 30 November 2001 which is the highest grade he held during his tenure of service.

3.  From 29 April to 5 September 2003 he was deployed to Iraq in support of Operation Iraqi Freedom.

4.  On 25 August 2003, Headquarters, 3rd Brigade, 1st Armored Division, Iraq, Permanent Orders Number 237-9 awarded the applicant an Army Commendation Medal in recognition of his meritorious service as a Fire Support Specialist from 12 April 2001 through 20 December 2003.  

5.  On 20 December 2003, after being retained on active duty for the convenience of the Government, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for the duration of his statutory service obligation.

6.  Item 13 (decorations, medals, badges, citations and campaign ribbons awarded or authorized) of the applicant's DD Form 214 shows entitlement to the Army Lapel Button, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

7.  There is no evidence in the available records which shows the applicant was disqualified for award of the Army Good Conduct Medal by his chain of command.  There is also no record of any disciplinary actions taken against the applicant during his period of service.  

8.  A review of recently approved unit awards maintained by the Office of The Adjutant General, Awards and Decorations Branch, notes that the 4th Battalion, 1st Field Artillery, 1st Armored Division was awarded a Valorous Unit Award for the period 1 September 2003 through 30 November 2004.

9.  Army Regulation 600-8-22 (Military Awards) states that the GWOTSM (Global War on Terrorism Service Medal) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism (GWOT) operations outside of the designated areas of 
eligibility (AOE), 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 GWOTSM for approved operations to units and personnel within his or her command.  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 GWOTSM. 

10.  Army Regulation 600-8-22 also states that service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 
19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  Bronze service stars are affixed to the Iraq Campaign Medal to denote participation in designated campaign period.  During the applicant’s tour of duty in Iraq he would have participated in two designated campaign periods (Liberation of Iraq/19 March 2003 through 1 May 2003 and Transition of Iraq      (2 May 2003 through 28 June 2004).

11.  Army Regulation 600-8-22 provides that the 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 Good Conduct Medal, disqualification must be justified.  

12.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea between 28 July 1954 and a date to be determined by the Secretary of Defense while assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records confirm he was awarded an Army Commendation Medal which was omitted from his DD Form 214.  Therefore, his records should be corrected to show this award.

2.  The applicant was on active duty and participated in Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or 
after 11 September 2001.  Therefore, he is entitled to the Global War on Terrorism Service Medal and correction of his records to show this award.

2.  Records available to the Board also confirm the applicant served in Iraq in support of Operation Iraqi Freedom from 29 April to 5 September 2003.  While he is entitled to either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal, in the absence of a request for a specific decoration the Iraq 
Campaign Medal with two bronze service stars would specifically identify the theater where the applicant served.  Therefore, his records should be corrected to show this award.

3.  The records also confirm that the applicant's unit received the Valorous Unit Award during his tenure of assignment.  Therefore, his records should be corrected to show this unit award.

4.  As a result of the applicant’s service in Korea he is entitled to the Korea Defense Service Medal and correction of his records to show this award.

5.  There is no evidence in the available records which shows the applicant was disqualified for this award by his chain of command.  There is also no record of any disciplinary actions taken against the applicant during his period of service.  Therefore, the applicant is entitled to award of the Army Good Conduct Medal (first award) for the period 30 September 1999 to 29 September 2002 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 (first award) for the period 30 September 1999 through 29 September 2002; and
   
   b.  adding to item 13 of the applicant's DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (first award), Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal with two bronze service stars, and Valorous Unit Award.



      ___________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)                                         AR20090004535



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004535



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1