BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013602 


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 his combat service in Iraq, the Army Achievement Medal and oak leaf clusters, the Iraq Campaign Medal, the Mechanic Badge, and the Marksmanship Qualification Badge with Grenade Bar.  

2.  The applicant states that his DD Form 214 does not show his combat service and/or his awards, decorations, badges, and campaign medals.  

3.  The applicant provides a copy of his DD Form 214, dated 30 November 2003; a copy of a memorandum, dated 11 August 2003, authorizing his redeployment from Iraq; a copy of the front page of a DA Form 638 (Recommendation for Award), dates 11 December 2003, showing he was recommended for award of the Army Achievement Medal (2nd Oak Leaf Cluster); and several photographs of himself in Iraq, in support of her request.

4.  On 31 December 2009, in a phone call with the case analyst of record, the applicant indicated that he served in Iraq from 22 March 2003 to 15 August 2003. He also stated that he does not have copies of orders awarding him the Army Achievement Medals. 

5.  On 5 January 2010, the applicant submitted the back page of the DA Form 638, dated 11 December 2003, showing award of the Army Achievement Medal; a self-authored summary of his service in Kuwait/Iraq; and a copy of Department of Treasury, U.S. Customs Service, Customs Form 6059B (Customs Declaration), dated 20 August 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's records show he enlisted in the Regular Army (RA) for a period of 3 years on 26 February 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63S (Heavy Wheeled Vehicle Mechanic).  He also executed a 4-year reenlistment on 17 June 1999.  He was honorably released from active duty on 30 November 2003 by reason of completion of his required active service.

3.  The applicant’s records also show he completed 1 year of foreign [overseas] service in Korea from on or about 27 November 2000 to on or about 26 November 2001.  His records do not show his service in Kuwait/Iraq. 

4.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 1 year of foreign service.

5.  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 Lapel Button, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 13 does not show two awards of the Army Achievement Medal, the Iraq Campaign Medal, the Mechanic Badge, or the Marksmanship Qualification Badge with Grenade Bar.  

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not show his deployment in support of Operation Iraqi Freedom (OIF).

7.  An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 4 December 2009, confirms the applicant served in Kuwait and received hostile fire pay/imminent danger pay (HFP/IDP) from 24 March 2003 to 20 August 2003.
8.  The applicant submitted a copy of a memorandum, dated 11 August 2003, issued by the Commander, 297th Transportation Company, Camp Virginia, Kuwait, authorizing him early release from theater (Kuwait/Iraq) no later than 15 August 2003 due to his upcoming separation date. 

9.  Headquarters, 62nd Engineer Combat Battalion (Heavy), Fort Hood, TX, Permanent Orders Number 055-001, dated 8 March 2004, awarded the applicant the Army Achievement Medal for meritorious service while attached to the 297th Transportation Company from 22 March 2003 to 30 May 2003.  Additionally, Achievement Number 1 of the DA Form 638 shows the following entry:

[Applicant's] technical expertise enabled the maintenance section to complete over 300 maintenance jobs in a three week period during Operation Iraqi Freedom.  This enabled the unit to fully transport two divisions into the fight to engage the Iraqi Army. 

10.  In a self-authored summary of events that occurred in Kuwait/Iraq, the applicant stated that he arrived in Kuwait on 22 March 2003 and stayed at Camp Wolf.  He then moved with his unit, the 297th Transportation Company, to Camp Virginia in Iraq on 15 April 2003.  He returned back to Kuwait on 10 August 2003 and flew back to the United States on 20 August 2003. 

11.  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 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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster denotes a second or a subsequent award of the Army Achievement Medal.

13.  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 Iraq Campaign Medal. 

14.  Army Human Resources Command Military Personnel Message Number  08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase. Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

15.  Army Regulation 600-8-22 also sets forth the requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Chapter 8 of the current version of the regulation states, in pertinent part, that Permanent Orders are no longer required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. 

16.  Army Regulation 600-8-22 provides for award of the Driver and/or Mechanic Badge.  It is awarded to mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications: Driver, for wheeled vehicles; Driver, for tracked vehicles; Driver/M for motorcycles; Driver/A for amphibious vehicles; Mechanic, for automotive or allied vehicles; and Operator/S for special mechanical equipment.  The eligibility requirements for mechanics require that a Soldier must pass aptitude tests and complete the standard mechanics’ course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating; be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; and, if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for motor vehicle operators permit as prescribed above, and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months, and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

The eligibility requirements for operators of special mechanical equipment requires that a Soldier or civilian whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

17.  Review of the applicant’s records indicates his entitlement to additional awards which are not shown on his DD Form 214.

18.  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.  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.

19.  Army Regulation 600-8-22 states that 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, and 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Only one award of the Korea Defense Service Medal is authorized for any individual. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his combat service in Iraq, two awards of the Army Achievement Medal, the Iraq Campaign Medal, the Mechanic Badge, and the Marksmanship Qualification Badge with Grenade Bar.

2.  With respect to his combat service, the applicant indicated that he served in Kuwait/Iraq from 22 March 2003 to 15 August 2003.  Furthermore, the applicant received HFP/IDP from 24 March 2003 to 20 August 2003.  Therefore, there is sufficient evidence to show he completed 4 months and 29 days of combat service in Kuwait/Iraq from 22 March 2003 to 20 August 2003 and is entitled to correction of his D Form 214 to show this period of foreign service.

3.  The applicant's combat service in Kuwait/Iraq from 22 March 2003 to 20 August 2003 also entitles him to award of the Iraq campaign Medal.  Additionally, he participated in the Liberation of Iraq (19 Mar 2003 - 1 May 2003) and the Transition of Iraq (2 May 2003 - 28 Jun 2004) campaigns during this period of service.  Therefore, he is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

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 that the applicant served in Korea from on or about 27 November 2000 to on or about 26 November 2001.  He served a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  Permanent orders awarded the applicant the Army Achievement Medal for meritorious service while attached to the 297th Transportation Company from 22 March 2003 to 30 May 2003, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

7.  With respect to a second or third award of the Army Achievement Medal, although the applicant's DA Form 638 shows he was recommended for the Army Achievement Medal (2nd Oak Leaf Cluster), his record is void of any orders that show he was awarded two more awards of the Army Achievement Medal.  The governing Army regulation requires the announcement of personal decorations in orders.  

8.  With respect to the applicant’s marksmanship badge, there is no evidence and the applicant has provided none to show he qualified with the Grenade and/or was awarded the Marksmanship Qualification Badge for this weapon.  Therefore, there is insufficient evidence upon which to base award of the Marksmanship Qualification Badge with Grenade Bar in this case.  

9.  With respect to the Mechanic Badge, although the applicant held a Heavy Wheeled Vehicle Mechanic MOS, there is no evidence and the applicant has provided none to show he was recommended for and/or awarded the Mechanic Badge. 

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.  deleting from item 12f of the applicant's DD form 214 the entry "0001  00 00" and replacing it with the entry “0001  04  29”;

	b.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Service Medal, the Army Achievement Medal, and the Korea Defense Service Medal; and 

	c.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030322 – 20030820."


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 two more awards of the Army Achievement Medal, the Mechanic Badge, and the Marksmanship Qualification Badge with Grenade Bar.



      _______ _   __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)                                         AR20090013602



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ABCMR Record of Proceedings (cont)                                         AR20090013602



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