IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090010137 


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 the Legion of Merit, the Korean Defense Service Medal, the Cold War Certificate, and all service awards related to his deployment in support of Operation Enduring Freedom (OEF).

2.  The applicant states when he retired, his unit was still deployed and he was told his awards would follow and he would be able to update his records.  

3.  The applicant provides a copy of his DD Form 214, dated 30 April 2003; a copy of a memorandum, dated 31 July 2008, issued by Headquarters, 3rd Medical Command, Fort Gillem, GA, authorizing him awards in support of OEF;  a copy of a DA Form 638 (Recommendation for Award) and a certificate, dated 21 May 2003, showing award of the Legion of Merit; a copy of Orders 330-13, issued by Headquarters, Fort McPherson, GA, on 26 November 2001; a copy of Orders 01-327-003, issued by Headquarters, 3rd Medical Command, Fort Gillem, on 23 November 2001; a copy of Orders H-41, issued by the Coalition Land Component Forces Command (CFLCC), on 1 May 2002; and copies of honorary membership certificates, 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 is a retired Regular Army master sergeant (MSG)/E-8 who entered military service on 20 September 1978, held military occupational specialty 31U (Signal Support Systems Noncommissioned Officer), and completed various staff and leadership positions throughout his career.  He was honorably retired on 30 April 2003 and placed on the retired list in his retired rank/grade of MSG/E-8 on 1 May 2003.

3.  The applicant’s records also show he completed three foreign service tours in Germany on various dates and a fourth foreign service tour in Korea from on or about 27 June 1995 to on or about 18 June 1996.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists several awards and decorations including the Overseas Service Ribbon (4th Award); however, it does not show award of the Legion of Merit or OEF-specific awards. 

5.  Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, Permanent Orders Number 141-005, show the applicant was awarded the Legion of Merit for meritorious service. 

6.  Item 18 (Remarks) of the applicant’s DD Form 214 shows he served in Southwest Asia from 26 November 2001 to 5 June 2002.  

7.  An email dated 19 October 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received imminent danger pay/hazardous fire pay (IDP/HFP) from 24 November 2001 to 2 June 2002 for service in Kuwait. 

8.  The applicant submitted a copy of Orders 330-13, issued by Headquarters, Fort McPherson, GA, On 26 November 2001, directing his reassignment to the U.S. Army Forces Central Command and/or deployment in support of OEF, effective 24 November 2001 for a period of 210 days.  He was subsequently assigned to Headquarters, 3rd Medical Command, Camp Doha, Kuwait.  He returned to Fort Gillem, GA, on 2 June 2002. 
9.  The applicant submitted a copy of a memorandum, issued by Headquarters, 3rd Medical Command, Fort Gillem, GA, that shows he is authorized the Iraq Campaign Medal, one overseas service bar, the 3rd Medical Command Shoulder Sleeve Insignia-Former Wartime Service, and the Overseas Service Ribbon. 

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.   Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria: (1)  Initial award of the Global War on Terrorism Service Medal is 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, or (2) 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. 

	b.  The Global War on Terrorism Expeditionary Medal 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. 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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

	c.  The Iraq Campaign Medal is awarded to individuals who 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.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or 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:  

		(1)  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;

		(2)  is wounded or injured and requires medical evacuation from the area of eligibility; or 

		(3)  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 one day of eligibility. 

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) participate as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.

	e.  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

11.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, 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."

12.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (Public Law 105-85), Congress authorized the Secretary of Defense to award a Cold War Victory Medal to all veterans of the Cold War.  To date, the Secretary of Defense has not awarded a Cold War Victory Medal, but has instead opted to issue a Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era – September 2, 1945 to December 26, 1991.  Eligible personnel must apply for the certificate on their own behalf.  The Cold War Recognition System home-page – http://coldwar.army.mil – gives information and provides instructions for individual requests.  Eligible personnel may also send their request by regular mail to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: HRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473, with supporting evidence.

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Legion of Merit, the Korean Defense Service Medal, the Cold War Certificate, and all service awards related to his deployment in support of OEF.

2.  Permanent orders awarded the applicant the Legion of Merit for exceptionally meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows that the applicant served in Korea from on or about 27 June 1995 to on or about 18 June 1996.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows the applicant served in Kuwait from 26 November 2001 to 5 June 2002 in support of OEF.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his records to show this award

6.  With respect to the Overseas Service Ribbon, the available evidence shows the applicant completed a period of 6 months and 10 days of foreign service in support of OEF in Kuwait.  This period of service is insufficient to award him the Overseas Service Ribbon.  Therefore, he is not entitled to an additional award of the Overseas Service Ribbon.

7.  With respect to the Cold War Certificate, issuance of this certificate is not within this Board's authority.  Additionally, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.  The applicant is advised to contact the address/web site listed in the Consideration of Evidence section to request his certificate.

8.  With respect to award of the Iraq Campaign Medal, there is no evidence that the applicant served in Iraq in support of Operation Iraqi Freedom.  Notwithstanding the memorandum issued by Headquarters, 3rd Medical Command, Fort Gillem, GA, that shows he is authorized the Iraq Campaign Medal, the applicant has not served a qualifying period for this award.

9.  With respect to award of the combat patch, the applicant’s shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records. 

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 adding to item 13 of his DD Form 214 the Legion of Merit, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, and the Korean Defense Service Medal. 

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 Iraq Campaign Medal, a fifth award of the Overseas Service Ribbon, the Cold War Certificate, and the shoulder sleeve insignia. 



      _______ _   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)                                         AR20090010137



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ABCMR Record of Proceedings (cont)                                         AR20090010137



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