IN THE CASE OF:	  

		BOARD DATE:	 3 December 2009 

		DOCKET NUMBER:  AR20090011904 


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.  

2.  The applicant states that his DD Form 214 does not list the Iraq Campaign Medal.  

3.  The applicant provides a copy of his DD Form 214, dated 7 March 2004, 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’s records show he enlisted in the Regular Army for a period of 2 years on 13 November 1998.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Light Vehicle Mechanic).  On 12 November 2000, he was honorably released from active duty in the rank/grade of private first class/E-3 and transferred to the control of the U.S. Army Reserve Control (USAR) Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years of creditable active service and he was fully eligible to reenlist on the date of separation.

3.  On 27 December 2002, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 6 February 2003 to 4 February 2004.  He was assigned to the 822nd Military Police Company.  He was honorably released from active duty on 7 March 2004 to the control of his USAR unit. 

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 
7 March 2004 shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, two overseas service bars, the Driver and Mechanic Badge with Driver-W Bar, and the Driver and Mechanic Badge with Mechanic Bar.  

5.  An email, dated 28 October 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms that the applicant received Hostile Fire Pay/Imminent Danger Pay from 10 February 2003 to 15 February 2004.

6.  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.  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.
7.  Military Personnel Message Number 08-123, dated 30 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.

8.  Review of the applicant’s records indicates his entitlements to additional awards which are not listed on his DD Form 214.

9.  Army Regulation 600-8-22 states that 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 Terror operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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 GWOTSM 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; and (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.

10.  The applicant’s records do not contain any evidence that shows he was denied an award of the Good Conduct Medal or any derogatory information that would have disqualified him from receiving the award of the Good Conduct Medal. 

11.  Army Regulation 600-8-22 provides that the 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 Good Conduct Medal, disqualification must be justified.  

12.  Army Regulation 600-8-22 Awards) 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.  

13.  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 or Afghanistan 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.

2.  The evidence of record shows the applicant served in Kuwait/Iraq from 6 February 2003 to 4 February 2004.  Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and he is entitled to correction of his records to show this award.  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.

3.  The evidence of record shows the applicant completed a period of 11 months and 29 days of foreign/overseas service in Kuwait/Iraq from 6 February 2003 to 
4 February 2004.  This period of service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this ribbon.

4.  The evidence of record shows the applicant served a qualifying period of service 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 available evidence confirms the applicant served honorably on active duty during the period 13 November 1998 through 12 November 2000.  He was fully eligible to reenlist on the date of separation and his records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 November 1998 through 12 November 2000; and 

	b.  adding to his DD Form 214 for the period ending 7 March 2004 the Good Conduct Medal (1st Award), the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, 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)                                         AR20090011904



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011904



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1