BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090004650 


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 Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, and the Combat Action Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 February 2004.

2.  The applicant states when he was discharged his unit was in Iraq and the medals he is requesting had not yet been awarded to his unit.  He states he qualifies for the medals as he was with the unit in Iraq during the required dates.

3.  The applicant provides, in support of his application, copies of a statement from his platoon leader and a listing showing criteria required for the medals he is requesting.

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 on 4 February 2000 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 19D (Cavalry Scout).

3.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 36th Infantry in Germany during the period 19 June 2000 to 20 June 2002.  The form then shows he was enroute to Fort Polk, LA and was assigned to Headquarters and Headquarters Troop, 1st Squadron, 
2nd Armored Cavalry Regiment on 19 July 2002.

4.  On 3 February 2004, the applicant was released from active duty by reason of the completion of his required active service.  He had completed 4 years of active service that was characterized as honorable.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
does not show that he was awarded or authorized the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Combat Action Badge.

6. Item 18 (Remarks) of the applicant's DD Form 214 contains the entries "SOLDIER WAS DEPLOYED IN SUPPORT OPERATION IRAQI FREEDOM FROM 22 APRIL 2003 TO 11 NOVEMBER 2003" and "SOLDIER WAS DEPLOYED IN SUPPORT OF OPERATION IRON ANVIL (KOSVO) [sic] FROM 
20 JULY  2000 to 23 DECEMBER 2003."

7.  The applicant was contacted by telephone by a member of the ABCMR staff.  The applicant was advised he could not receive Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal for the same period of service.  The applicant elected to receive the Iraq Campaign Medal.  In addition, the applicant indicated the entry concerning his unit's deployment to Kosovo was incorrect.  He stated his unit departed Kosovo in December 2000.

8.  A history of the 1st Squadron, 2nd Armored Cavalry Regiment was obtained from the Internet.  According to the history of the unit, Soldiers of the 1st Squadron (the WarEagles Squadron), 2nd Armored Cavalry Regiment were in Iraq in support of Operation Iraqi Freedom for nearly one year.  According to the history, the troopers of 1st Squadron conducted two weeks of continuous combat missions to locate and destroy former regime loyalists and deny them sanctuary between Fallujah and Baghdad.  There were numerous engagements with the enemy during the two-week mission and many Soldiers from 1st Squadron were decorated for their efforts in support of Operation Longstreet.

9.  During the 2003 invasion of Iraq, Operation Longstreet was a two-week series of raids and cordon operations conducted between Baghdad and Fallujah by elements of the First Armored Division and the 2d Armored Cavalry Regiment in September 2003.  Numerous weapons stores were destroyed and enemy personnel taken into custody without the loss of a single American life.

10.  The applicant submitted a statement from his platoon leader, a captain.  The captain stated he was the platoon leader for 4th Platoon, A Troop, 1st Squadron, 2nd Armored Cavalry Regiment during Operation Longstreet.  The captain stated the operation was conducted from 27 August to 10 September 2003.  The captain stated the applicant was a driver of an A45 during an attack by rocket fire twice.  The captain stated the applicant was in the midst of the attack.  The captain stated the platoon returned fire.

11.  Military Awards Branch Message, dated 8 April 2005, provided implementing instructions for award of the Iraq Campaign Medal.  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. Based on the applicant's period of service in Iraq he served in the Liberation of Iraq (19 March 2003 through 1 May 2003) and the Transition of Iraq (2 May 2003 through 28 June 2004).

12.  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.



13.  Headquarters, U.S. Army Human Resources Command message, 
dated 17 March 2004, announced implementing instructions for the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.  

14.  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. 

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star for each campaign.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Iraq Campaign Medal.  

16.  The Chief of Staff, Army approved the creation of the Combat Action Badge on 2 May 2005.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The awards requested by the applicant were either not fully implemented or had not been authorized at the time of his release from active duty.



2.  The applicant's DD Form 214 shows he was deployed in support of Iraq Freedom from 22 April 2003 to 11 November 2003.  However, the entry for his deployment to Kosovo conflicts with these dates.  In a telephone conversation with the applicant, he indicated his unit departed Kosovo in December 2000.  The unit history and the statement from the applicant's platoon leader that the applicant was participating in Operation Longstreet in Iraq from 27 August to 
10 September 2003 indicate the dates shown on the applicant's DD Form 214 for deployment to Kosovo are incorrect.  He requested these dates on his 
DD Form 214 be corrected to show he left Kosovo on 23 December 2000.  There is sufficient evidence available to change the date of return from deployment to Kosovo to 23 December 2000.

3.  In view of the above, it is reasonable to conclude the dates of the applicant's deployment in support of Operation Iraqi Freedom are correct, thereby showing he served at least 30 days in Iraq.  The applicant elected to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Based on the period during which he served in Iraq the applicant participated in two campaigns.  Therefore, it is appropriate to add the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

4.  The applicant's platoon leader states the applicant was the driver when the unit came into contact with the enemy during a rocket attack on the unit on 
29 August 2003.  The history of the unit shows the applicant's unit was involved in numerous engagements with the enemy during the two-week mission.  Therefore, there is sufficient evidence to show the applicant was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  Therefore, there is sufficient evidence to award the applicant the Combat Action Badge.

5.  The evidence shows the applicant is authorized the Global War on Terrorism Service Medal.  Therefore, it is appropriate to add this award to his 
DD Form 214.

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 Combat Action Badge;

	b.  amending Item 13 of the applicant's DD Form 214 to include the Global War on Terrorism Service Medal, the Iraq Campaign Medal with two bronze service stars, and the Combat Action Badge; and

	c.  amending Item 18 of the applicant's DD Form 214 as follows:

   		Delete the entry:  "SOLDIER WAS DEPLOYED IN SUPPORT OF OPERATION IRON ANVIL (KOSVO) FROM 20 JULY  2000 to 23 DECEMBER 2003."
   		Add the entry:  "SOLDIER WAS DEPLOYED IN SUPPORT OF OPERATION IRON ANVIL (KOSOVO) FROM 20 JULY  2000 to 23 DECEMBER 2000."



      _______ _   __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)                                         AR20090004650





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ABCMR Record of Proceedings (cont)                                         AR20090004650



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