IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090008036 


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 he be awarded the Iraq Campaign Medal, the driver/mechanic badge, and any other awards to be which may be entitled.

2.  The applicant states, in effect, that he departed the theater before the Iraq Campaign Medal was authorized and that he cross-trained as a mechanic for much of the time that he served in Fort Drum, New York and Germany.  He goes on to state that he should receive any awards that either he or his unit earned during his tour in Kuwait/Iraq. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his discharge orders and certificate; a copy of orders deploying his unit from Germany to Kuwait in support of Operation Enduring Freedom; copies of memoranda related to his departure from Kuwait/Iraq on 23 November 2003 and his participation in Operation Iraqi Freedom; a copy of his post-deployment health assessment; a copy of his travel voucher showing that he travels from Hanau, Germany to Kuwait, to Iraq and back to Hanau; a copy of his Army Commendation Medal (ARCOM) for the period of 1 March 2003 to 31 May 2003, while serving as a generator repairer; a copy of his ARCOM for the period of 10 January 2002 to 23 February 2004; and a copy of a photograph. 

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 San Diego, California on 24 February 2000 for a period of 4 years, training as a power generator equipment repairer, assignment to Fort Drum, New York and a cash enlistment bonus.  He successfully completed his training and was assigned to Fort Drum.  He was advanced to the pay grade of E-4 on 24 April 2002 and was subsequently transferred to Hanau, Germany for assignment to Headquarters and Headquarters Company, 16th Corps Support Group, 3d Corps Support Command (COSCOM).

3.  On 28 February 2003, the applicant deployed to Kuwait in support of Operation Enduring Freedom.  On 22 March 2003, he was transferred to Iraq in support of Operation Iraqi Freedom and he remained there until 23 November 2003, when he was returned to his unit in Hanau.

4.  On 23 February 2004, the applicant was honorably released from active duty due to completion of required service.  He had served 4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the ARCOM (2d award), the Army Achievement Award (2d award), the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

5.  A review of the available records fails to show any evidence to show that the applicant was recommended for or qualified for award of the driver/mechanic badge.  His records do show that he participated in two campaigns.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge.  To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

7.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal (GWOTSM).  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility 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.  

8.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

9.  Information obtained from the Center of Military History website indicates that the applicant's unit (16th Corps Support Group) was awarded the Meritorious Unit Commendation (MUC) for service in Southwest Asia from 2003 to 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia (SWA) from 28 February to 23 November 2003.  Accordingly, he is entitled to be awarded the Iraq Campaign Medal (ICM) with two bronze service stars.

2.  The evidence of record also reflects that he is entitled, by virtue of his service in SWA with the 16th Corps Support Group, to MUC.

3.  The applicant is also eligible for award of the GWOTSM.
4.  However, there is no evidence in the available records and the applicant has failed to provide evidence which shows that he met the eligibility criteria for award of the Driver/Mechanic Badge.  Therefore, in the absence of such evidence, there appears to be no basis to award it to him at this time.

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 amending his DD Form 214 to add the ICM with two bronze service stars, the GWOTSM, and the MUC.

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 awarding him the Driver/Mechanic Badge.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20090008036





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008036



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1