IN THE CASE OF:	  

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011397 


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 Combat Action Badge and the Iraq Campaign Medal.

2.  The applicant states, in effect, that he was assigned as a sergeant with Battery B, 3rd Battalion, 4th Air Defense Artillery Regiment, 82nd Airborne Division until 11 July 2004 and that during that time he served with his unit in support of Operation Iraqi Freedom from 14 February 2003 to 4 February 2004.  He indicates that he was informed he had been awarded the Combat Action Badge, that he was informed by several other members of his former unit that they had received the award based on actions that he was present for, and that following his request to update his DD Form 214 he was informed that he must supply two sworn statements from witnesses citing specific events.

3.  The applicant contends that during late November 2003 while on routine patrol he came under direct attack by an improvised explosive device (IED) and the blast caused damage to his vehicle and minor superficial injury to his gunner.  He also contends that there were several occasions in which he came under indirect mortar fire and small arms fire during his deployment. 

4.  The applicant provides a photograph of a military vehicle; two statements from former fellow Soldiers; orders for the Combat Action Badge (belonging to another Soldier); a copy of his DD Form 214; and a DD Form 215 (Correction to DD Form 214) in support of 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 requested correction of his records to show award of the Combat Action Badge.  Requests for award of the Combat Action Badge must be forwarded to the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  This award may be requested by letter.  All requests must contain the following:  
(1) assignment, attachment or operational control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA Form 2-1; (3) a copy of the chain of command endorsement; (4) a one-page narrative description of the qualifying incident; (5) a certified copy of the DD Form 214; and (6) supporting documentation.  The applicant is required to exhaust all administrative remedies.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 12 July 2000, trained in military occupational specialty (MOS) 14S (avenger crewmember), and he was released from active duty on 11 July 2004 by reason of completion of required active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Commendation Medal (2nd award), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge as authorized awards.  Item 18 (Remarks) shows, among other entries, the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030214 TO 20040205." 

5.  On 23 November 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 of his service in Iraq.  On 23 November 2009, he responded and requested that he be awarded the Iraq Campaign Medal for his service in Iraq in lieu of the GWOTEM.

6.  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).

7.  A Frequently Asked Questions document from the Human Resources Command (HRC), Military Awards Branch, updated on 25 June 2007, contains examples to show Soldiers’ eligibility for awards while deployed to Iraq.  The document states “Question:  Can I be awarded the OSR [Overseas Service Ribbon] for being in Iraq?  Answer:  Soldiers are authorized to be awarded the OSR upon completion of a ‘normal overseas tour as IAW [in accordance with] AR [Army Regulation] 614-30.’  If a Soldier is credited with tour completion for serving in Iraq, yes they can receive the OSR.”

8.  The document states, “Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the OSR?  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 a TCS/TDY [temporary change of station/temporary duty] status get credit for a completed short tour.  Your reference is AR [Army Regulation] 614-30 (23 Sep 04), Table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD [Department of Defense]; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS [permanent change of station] status.  To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulations, Volume 1.  You will not find a tour length for Afghanistan or Iraq.’”

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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. 

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Iraq and his request for the Iraq Campaign Medal in lieu of the GWOTEM, he is eligible for award of the Iraq Campaign Medal with two bronze service stars.  As a result, the GWOTEM should be removed from his DD Form 214 and the Iraq Campaign Medal with two bronze service stars should be added to his DD Form 214.

2.  Based on the applicant’s service in Iraq, he is eligible for one award of the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this ribbon.

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.  deleting from item 13 of is DD Form 214 the Global War on Terrorism Expeditionary Medal; and






	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.



      ___________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)                                         AR20090011397



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ABCMR Record of Proceedings (cont)                                         AR20090011397



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