BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090012538 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in a combat zone; award of the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Combat Action Badge; and correction of his foreign service to show he completed 1 year of foreign service instead of 3. 

2.  The applicant states that he was not awarded any of his awards prior to leaving the Army.

3.  The applicant provides a copy of his DD Form 214, dated 10 June 2006; a copy of his DD Form 215 (Correction to DD Form 214), dated 21 August 2007; and a copy of Permanent Orders Number 61-02, dated 1 March 2004, in support of his request.  

4.  On 23 November 2009, the applicant submitted a copy of his Enlisted Record Brief (ERB), dated 31 March 2005; a copy of a DA Form 638 (Recommendation for Award), dated 15 January 2005, showing award of the Army Achievement Medal; copies of Orders 111-0267 and 111-0290, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, on 21 April 2005; a copy of Orders D-02-904246, issued by the U.S. Army Human Resources Command, St. Louis, MO, on 24 February 2009; and copies of Permanent Orders 289-60 and 227-17, issued by the 115th Forward Support Battalion, on 15 October 2004 and 14 August 2004, respectively. 


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 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 4 years on 26 February 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63S (Heavy Wheeled Vehicle Mechanic).  

5.  The applicant's Enlisted Record Brief shows that subsequent to MOS training, he was assigned as follows:

	a.  He was assigned to Headquarters and Headquarters Troop, 1st Armored Cavalry Regiment, Fort Hood, TX, from on or around 3 August 2002 to on or around 14 May 2003;

	b.  He was assigned to Headquarters and Headquarters Company, 115th Combat Support Battalion, Fort Hood, TX, from on or around 14 May 2003 to on or around 12 September 2003; and 

	c.  He was assigned to C Company, 115th Combat Support Battalion, Fort Hood, TX, from on or around 12 September 2003 to his separation date.

6.  He was honorably released from active duty in the rank/grade of specialist/E-4 on 10 June 2005 and transferred to the control of the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 4 years, 3 months, and 15 days of creditable active service.  This form further shows the following entries:

	a.  Item 12f (Foreign Service) shows the entry "000  00  00"; however, he was issued a DD Form 215 on 21 August 2008 that amended this entry to show 3 years of foreign service;

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button, the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Service Ribbon; and

	c.  Item 18 (Remarks) does not show any service in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area.

7.  The applicant submitted a copy of Permanent Order Number 61-02, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, on 1 March 2004, directing the reassignment of Force Package 4, 1st Brigade Combat Team, Fort Hood, TX, to the U.S. Central Command Area of Responsibility in support of Operation Iraqi Freedom (OIF-2), proceeding on or about 3 March 2004.

8.  An email, dated 5 November 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 13 March 2004 to 12 March 2005 in Kuwait/Iraq.

9.  There is no indication in the applicant's records that he completed any other periods of foreign service.

10.  The case analyst of record contacted the applicant on 19, 20, and 25 November 2009 at the number indicated on his application regarding his choice between the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.  He indicated that he elects the Iraq campaign Medal.  He also indicated that he wishes his foreign service be corrected from 3 to 1 year; however, he was having trouble faxing a written request to this Board.

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of 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.  The Iraq Campaign Medal may be awarded posthumously, only one award of this 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 Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  

12.  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).

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003. It 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  

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

15.  Headquarters, 115th Forward Support Battalion, 1st Brigade Combat Team, Fort Hood, TX, Permanent Orders 227-17, dated 14 August 2004, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity, from 26 February 2001 through 25 February 2004.  

16.  Headquarters, 115th Forward Support Battalion, 1st Brigade Combat Team, Fort Hood, TX, Permanent Orders 289-60, dated 15 October 2004, show the applicant was awarded the Driver and Mechanic Badge with Driver-W Bar for driving at least 8,000 accident –free miles and/or driving a military vehicle for 12 consecutive months from 15 October 2003 to 15 October 2004. 

17.  Headquarters 1st Brigade, 1st Cavalry Division, Permanent Orders 042-030, dated 12 February 2005 show the applicant was awarded the Army Achievement Medal for meritorious service during combat operations in Iraq from 12 August 2004 to 1 October 2004.

18.  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.

19.  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."

20.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, that item 12f shows the total amount of foreign service covered by the DD Form 214 and that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in a combat zone, award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal, and 1 year of foreign service. 

2.  The applicant served in Kuwait/Iraq from 13 March 2004 to 12 March 2005. Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and 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 1 year of foreign/overseas service in Kuwait/Iraq from 13 March 2004 to 12 March 2005.  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 award.

4.  The applicant served in Kuwait/Iraq from 13 March 2004 to 12 March 2005.  By regulation, an active duty Soldier deployed with his or her unit during their continuous period of active service, that period of service in the deployed country is entered on the DD Form 214.  Therefore, he is entitled to list his combat service on his DD Form 214.

5.  Permanent orders awarded the applicant the Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver-W Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  Permanent orders awarded the applicant the Army Achievement Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award

8.  The evidence of record shows the applicant completed 1 year of foreign service in Kuwait/Iraq from 13 March 2004 through 12 March 2005.  There is no indication that he completed any other periods of foreign service.  It appears that the DD Form 215 he was issued erroneously listed his foreign service as 3 years. Therefore, he is entitled to correction of this form to show he completed 1 year of foreign service.

9.  With respect to the Global War on Terrorism Expeditionary Medal, 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.  However, no service member will be entitled to both medals for the same act, achievement, or period of service.  Since the applicant served a qualifying period for award of the Iraq Campaign Medal and since there is no indication he completed another period of service in Kuwait/Iraq, he is not entitled to award of the Global War on Terrorism Expeditionary Medal for the same period of service.

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:

	a.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 13 March 2004 to 12 March 2005"; 

	b.  deleting the entry “0000  00  00” from item 12f of his DD Form 214 and the entry “0003  00  00” from his DD Form 215 and adding the entry “0001  00  00” instead; and

	c.  adding to item 13 of his DD Form 214 awards of the Good Conduct Medal (1st Award), the Iraq Campaign Medal with two bronze service stars, the Driver and Mechanic Badge with Driver-W Bar, the Army Achievement Medal, and the Overseas Service Ribbon.

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 Global War on Terrorism Expeditionary Medal.



      _______ _   __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)                                         AR20090012538



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