IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090009625 


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 Iraq Campaign Medal with two bronze service stars, the Valorous Unit Award, and the Combat Action Badge.

2.  The applicant states that he served in Iraq during two campaigns and that his unit of assignment was awarded the Valorous Unit Award.  He adds that he participated in 20 patrols, two raids, and more than 20 traffic control points, capturing 200 enemy weapons and 40 detainees.

3.  The applicant provides a copy of his DD Form 214, dated 3 October 2004; a copy of a DA Form 638 (Recommendation for Award), dated 30 November 2003, showing award of the Army Commendation Medal on 18 December 2003; copies of Orders 291-5079 and 298-5223, issued by the Detachment B, 509th Personnel Service Battalion, on 18 and 25 October 2002; a copy of Permanent Orders 036-04, issued by Headquarters, 7th Infantry Division, Fort Carson, CO, on 5 February 2003; an undated copy of the U.S. Army Human Resources Command (USAHRC) memorandum approving award of the Valorous Unit Award; a copy of the certificate and citation, dated 30 June 2006, showing award of the Valorous Unit Award; and a copy of Intra-Post Reassignment, Control Number 812-141, dated 22 January 2003, in support of his request.


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 requests retroactive award of the Combat Action Badge; however, there are no orders or other evidence on file in his official military personnel file to show entitlement to this award.  In the absence of authority for this award, he may request retroactive award of the Combat Action Badge through the Commanding General, U.S. Army Human Resources Command, ATTN:  AHRC-PDO-PA, Alexandria, Virginia  22332-0471.  This award may be requested by letter and must contain the following:

	a.  assignment, attachment, or operational control orders, 

	b.  a copy of the Soldier's Enlisted Record Brief,

	c.  a copy of the chain-of-command endorsement,

	d.  a one-page narrative description of the qualifying incident,

	e.  a certified copy of the DD Form 214, and

	f.  any other supporting documentation.

3.  The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of the Combat Action Badge in this Record of Proceedings.

4.  The applicant’s records show he enlisted in the Regular Army for a period of 3 years on 17 May 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty 92A (Logistics Automation Specialist).  He also executed a 2-year reenlistment on 4 October 2002.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 3 October 2004.

5.  The applicant’s records also show he served in Korea from on or around 18 January 2002 to on or around 18 January 2003.  He also served in Kuwait from 2 February 2003 to 16 February 2003 and Iraq from 16 February 2003 to 1 April 2004.  He was assigned to the 2nd Squadron, 3rd Armored Cavalry Regiment.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (4th Award), the Army Achievement Medal, the Army Good Conduct Medal, the Korea Defense Service Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Lapel Button, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Driver and Mechanic Badge with Driver-W Bar, and two overseas service bars.

7.  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.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area 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, while participating in an operation or on official duties; (b) is wounded or injured and requires medical evacuation from the area of eligibility; or (c) while participating 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 1 day of eligibility.

8.  A directive issued by the Department of Defense on 16 April 2008 designated four campaigns with the Iraq Campaign Medal (the Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraq Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined).

9.  An undated USAHRC memorandum shows 2nd Squadron, 3rd Armored Cavalry Regiment, was awarded the Valorous Unit Award for extraordinary heroism in action against an enemy of the United States during the period 25 April 2003 to 18 September 2003.

10.  A review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

12.  A Frequently Asked Questions document from the USAHRC Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars and the Valorous Unit Award.

2.  With respect to the Iraq Campaign Medal, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized are eligible for award of the Iraq Campaign Medal.  However, no service member will be entitled to both medals for the same act, achievement, or period of service.  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.

3.  Since the applicant specifically requested the Iraq Campaign Medal with two bronze service stars, he is therefore entitled to correction of his records to show award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Additionally, he participated in the Liberation of Iraq and the Transition of Iraq campaigns during his service in Iraq and is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  The USAHRC memorandum awarded the applicant’s unit of assignment the Valorous Unit Award for extraordinary heroism in action against an enemy of the United States during the period 25 April 2003 to 18 September 2003.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows that the applicant served in Korea from on or about 18 January 2002 to on or about 18 January 2003.  Therefore, he served a qualifying period for award of the Overseas Service Ribbon which is shown on his records.  However, he also completed 14 months of continuous foreign/
overseas service in Iraq in a temporary change of station/tour of duty status.  Therefore, he served a qualifying period for a second award of the Overseas Service Ribbon and should have his records corrected 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 Iraq Campaign Medal with two bronze service stars;

	b.  deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon; and

	c.  adding to his DD Form 214 the Iraq Campaign Medal with two bronze service stars, the Valorous Unit Award, and the Overseas Service Ribbon (2nd 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)                                         AR20090009625



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