BOARD DATE:	  25 September 2009

		DOCKET NUMBER:  AR20090005547 


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, in effect, correction of his separation document to show he served in Iraq and his authorized awards.

2.  The applicant states, in effect, he was stationed at Camp Spiker (Iraq) in 2003, served on the Quick Reaction Force, and was awarded the Combat Action Badge; therefore, this information should be entered on his separation document.  He adds that verification of his service in Iraq is required in order for him to obtain mental health treatment from the Department of Veterans Affairs (VA).

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 entered active duty in the Regular Army for a period of 3 years on 9 January 2001.  Upon completion of training, he was awarded military occupational specialty (MOS) 63W (Wheel Vehicle Repairer).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 January 2004 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  At the time he had completed 3 years of net active service.

   a.  Item 12 (Record of Service), block f (Foreign Service), fails to show that he completed any overseas service.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button, Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, and Army Service Ribbon.

   c.  Item 18 (Remarks) does not contain any evidence that he served in Iraq.

4.  The applicant enlisted in the Army National Guard of the United States and Nevada Army National Guard for a period of 3 years on 11 December 2006 and he is currently serving on active duty.

5.  There are no orders or other evidence showing the applicant was awarded the Combat Action Badge.

6.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  The DFAS responded that the applicant received HFP for service in a combat zone
(i.e., Kuwait/Iraq) from 1 April to 31 October 2003 and the applicant's "actual boots on the ground" was from 2 April to 6 October 2003.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  In response, the applicant indicated he would prefer award of the Iraq Campaign Medal.

8.  A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant was awarded the Good Conduct Medal.  The applicant's records do not contain any adverse information, records show he served honorably during the period of service under review, and there is no evidence the applicant's commander denied award of the Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  This regulation 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.  

	b.  The regulation provides that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

	c.  The regulation also provides that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The AOE encompasses all land area of the country of Iraq and 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.

       (1)  Only one award of the Iraq Campaign Medal (ICM) may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service.

       (2)  The Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  In addition, a bronze service star is authorized for each of the Iraq campaign phases, including the Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).

   d.  The regulation further provides for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal.

11.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger), paragraph 100102 (Payment), in pertinent part, provides that HFP/IDP is payable at a monthly rate.  It is payable in addition to all other pays or allowances.  Additionally, it is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies.  Active and Reserve component members who qualify, at any time during a month, will receive the full amount of HFP/IDP regardless of the actual period of time served on active or inactive duty during that month.

12.  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 HFP or IDP 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

14.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.

   a.  Item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for item 12, block f, to enter the total amount of foreign service completed during the period covered by the DD Form 214, as taken from the ERB/ORB.

   b.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

   c.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "Service in (Name of Country Deployed) from (inclusive dates; for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Iraq at Camp Spiker with the Quick Reaction Force, award of the Combat Action Badge, any other authorized awards.

2.  The evidence of record shows the applicant was authorized HFP during the period from 1 April through 31 October 2003 for his service in an HFP/IDP area (Kuwait).  The evidence of record also shows that service members who qualify at any time during a month will receive the full amount of HFP/IDP regardless of the actual period of time served during that month.  Moreover, records show the applicant actually served in Kuwait/Iraq from 2 April 2003 to 6 October 2003, which equates to 6 months and 5 days.  Thus, the evidence of record supports the applicant's claim that he served overseas in Kuwait/Iraq in 2003.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show this foreign service, along with the period of overseas service in Kuwait and Iraq.
However, there is no Army regulatory requirement to record the overseas base, camp or unit on the DD Form 214.  Therefore, the entries “Camp Spiker” and “Quick Reaction Force” will not be entered in item 18 of the DD Form 214.

3.  There is no evidence 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.  There is also no evidence the applicant was recommended for the Combat Action Badge or that orders were issued awarding him the Combat Action Badge.  Therefore, there is insufficient evidence to support the applicant's claim to the badge.

4.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Kuwait/Iraq) determined for award of the GWOTEM.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM, contingent upon request of the applicant for the service medal.  Coordination with the applicant revealed that he requests award of the ICM in lieu of the GWOTEM.  Records further show that the applicant served in Iraq during two campaigns.  Therefore, it would be appropriate to correct his 2003 DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

5.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.  Therefore, it would be appropriate to correct his 2003 DD Form 214 to show this service medal.

6.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to approve this award.


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 a recommendation for partial 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 Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 9 January 2001 to 8 January 2004;

   b.  deleting from item 12, block f, of his DD Form 214 the entry "0000  00  00";

   c.  adding to item 12, block f, of his DD Form 214 the entry "0000  06  05";

   d.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal, Iraq Campaign Medal with two bronze service stars, and Global War on Terrorism Service Medal; and

   e.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN KUWAIT/ IRAQ FROM 20030402-20031006//NOTHING FOLLOWS."

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 the overseas base, camp or unit and Combat Action Badge. 



      _______ _   _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)                                         AR20090005547



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ABCMR Record of Proceedings (cont)                                         AR20090005547



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