IN THE CASE OF:	

		BOARD DATE:	22 September 2009    

		DOCKET NUMBER:  AR20090007007 


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 award of the Army Good Conduct Medal, the Iraq Campaign Medal, the Combat Action Badge, the Parachutist Badge, and the Global War on Terrorism Expeditionary Medal (GWOTEM).  He also requests that item 14 (Military Education) of his DD Form 214 be corrected to show he completed Airborne School and that item 18 (Remarks) be corrected to show his deployment in Iraq.

2.  The applicant states that his DD Form 214 does not reflect he was in Iraq or that he went to Airborne School.  He contends that in October 2008 the Department of Veterans Affairs (DVA) granted his claim for post-traumatic stress disorder due to his exposure to combat and an ammunition dump explosion in Iraq and that should be adequate evidence to grant him the Combat Action Badge, the Iraq Campaign Medal, and the GWOTEM.

3.  The applicant provides a DVA Rating Decision, dated 16 October 2008; a copy of his DD Form 214; a diploma for the Airborne Course; and numerous letters he wrote to his family from Iraq in support of his application.

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 enlisted in the Regular Army on 17 June 1999 and he trained as a combat engineer.  On 30 November 2003, he was released from active duty in the rank of specialist after completing 4 years, 5 months, and 14 days of creditable active service with no lost time.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 14 of his DD Form 214 shows the entry "NONE//NOTHING FOLLOWS."  Item 18 of his DD Form 214 does not show any deployments.

4.  There are no orders for the Army Good Conduct Medal in the available records.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  There is also no record of any disciplinary actions.

5.  Orders, dated 13 February 2000, show the applicant was awarded the Parachutist Badge for successful completion of Airborne training.

6.  The applicant provided a diploma, dated 25 February 2000, which shows he completed the Airborne Course at Fort Benning, Georgia.

7.  There are no orders for the Combat Action Badge in the available records.

8.  Records at the Defense Finance and Accounting Service show the applicant served in a combat zone receiving hostile fire pay during the period 1 April 2003 to 31 August 2003 in Kuwait and his inclusive dates of service were 3 April 2003 to 14 August 2003.

9.  On 1 September 2009, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the Iraq Campaign Medal for qualifying service in recognition for his service in Iraq.  On 10 September 2009, he responded and requested that he be awarded the Iraq Campaign Medal for his service in Iraq.

10.  In support of his claim for the Combat Action Badge and the Iraq Campaign Medal, the applicant provided a DVA Rating Decision, dated 16 October 2008, which shows that service connection was granted for post-traumatic stress disorder (100 percent) and for thoracic and rhomboidal strain with degenerative changes (10 percent).

11.  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.

12.  Army Regulation 600-8-22 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.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq, 19 March 2003-1 May 2003; Transition of Iraq, 2 May 2003-28 June 2004; Iraqi Governance, 29 June 2004-15 December 2005; and National Resolution, 16 December 2005-date to be determined.

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) 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.

14.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and military occupational specialty 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 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

16.  Army Regulation 635-5 (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.  The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Training courses for combat skills will not be listed.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank of specialist after completing 4 years, 5 months, and 14 days of honorable active service with no time lost and no record of any disciplinary actions taken against him.  Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 17 June 1999 through 16 June 2002.

2.  Based on the applicant's service in Kuwait/Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars and correction of item 18 of his DD Form 214 to show this deployment.

3.  The DVA Rating Decision provided by the applicant in support of his Combat Action Badge was noted.  However, a DVA rating for post-traumatic stress disorder and thoracic and rhomboidal strain is not conclusive evidence that he was personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement as required by Army Regulation 600-8-22.  Therefore, there is insufficient evidence on which to base award of this badge.

4.  Orders show the applicant received the Parachutist Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

5.  The evidence of record shows the applicant successfully completed the Airborne Course in February 2000.  Therefore, it would be appropriate to correct item 14 of his DD Form 214 to show this course.

6.  The applicant served a period of qualifying service for award of the GWOTSM.

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 him the first award of the Army Good Conduct Medal for the period 17 June 1999 through 16 June 2002; 

	b.  adding the Army Good Conduct Medal, the GWOTSM, the Iraq Campaign Medal with two bronze service stars, and the Parachutist Badge to his DD Form 214;

	c.  deleting the entry in item 14 of his DD Form 214;

	d.  adding the entry "Airborne Course, February 2000" to item 14 of his DD Form 214; and

	e.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030403-20030814" to item 18 of his DD Form 214.

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 award of the 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)                                         AR20090007007



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007007



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1