IN THE CASE OF:	

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090014493 


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 the Operation Iraqi Freedom (OIF) Expeditionary Medal [Iraq Campaign Medal], Kosovo Campaign Medal, Combat Action Badge, and two Army Achievement Medals [Army Achievement Medal with first oak leaf cluster].

2.  The applicant states that his expiration of term of service (ETS) date preceded the completion and delivery of the required paperwork for the aforementioned awards.

3.  The applicant provided two permanent award orders for the Army Achievement Medal and a copy of his NATO Medal for Service in support of Kosovo Operations in support of his 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 7 September 2001.  He was discharged from the USAR DEP on 26 September 2001 and he enlisted in the Regular Army (RA) on 27 September 2001 for 3 years.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  Permanent Orders 225-006 issued by Headquarters, 2nd Brigade, 1st Infantry Division, dated 15 September 2004, awarded the applicant the Army Achievement Medal for meritorious achievement during combat operations in Bayji, Iraq on 2 July 2004.

4.  Permanent Orders 125-004 issued by Headquarters, Task Force
1st Battalion, 7th Field Artillery, dated 5 May 2005, awarded the applicant the Army Achievement Medal for meritorious service from 10 March 2002 to 15 May 2005.

5.  Permanent Orders 350-30 issued by Headquarters, 1st Infantry Division, dated 16 December 2005, awarded the applicant the Combat Action Badge for actions on 2 July 2004 while actively engaged or being engaged by the enemy in support of Operation Iraqi Freedom.  This order shows that the applicant's unit of assignment was C Battery, 1st Battalion, 7th Field Artillery.

6.  On 31 May 2005, the applicant was honorably released from active duty and he transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  His records show that he completed 3 years, 8 months, and 4 days of active service and that he was separated by reason of completion of required active service.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows that he served overseas in a foreign country for 3 years and 3 months.

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Army Lapel Button, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Driver and Mechanic Badge.
9.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry that shows the applicant's period(s) or location(s) of foreign service or deployment.

10.  The applicant's Enlisted Record Brief (ERB), Section VIII (Awards and Decorations) shows he received the following service awards and badges:  the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Driver and Mechanic Badge.

11.  The Defense Finance and Accounting System (DFAS) maintains Soldiers' financial records of all pay and allowances paid to them during their periods of service.  The DFAS computerized system shows that the applicant received hostile fire pay/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) for one period of service.  The period of service was from 12 February 2004 to 9 February 2005.  The applicant's master military pay account shows that he was in Kuwait.

12.  The applicant's ERB, Section VIII (Awards and Decorations) shows he received the following service awards and badges:  the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Driver and Mechanic Badge.

13.  During the processing of this case, a staff of the Board contacted the applicant by telephone to clarify the applicant's award request concerning the "OIF Expeditionary Medal."  The applicant stated that the Global War on Terrorism Expeditionary Medal that is currently shown on his DD Form 214 should be removed from his record and that he should be awarded the Iraq Campaign Medal.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter, from the Enlisted Record Brief or award orders, all awards and decorations for all periods of service.  In addition, it states 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.

15.  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 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; or

	b.  is wounded or injured and requires medical evacuation from the area of eligibility.

16.  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, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

17.  Army Human Resources Command Military Personnel (MILPER) 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

18.  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.

19.  Army Regulation 688-8-22 provides for the award of the Kosovo Campaign Medal.  The Kosovo Campaign Medal and the NATO Medal for Kosovo service are based on proof of service in support of specific operations beginning in March 1999 operations in the specified area of operations.  To be eligible for award of the Kosovo Campaign Medal an individual must be in a unit participating in operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria or directly supporting the following operations:  Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied 
Harbour (4 April 1999 through 1 September 1999); Operation Sustain 
Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian; or Hunter within areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense Campaign.

20.  The North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.  Qualifying periods of service for the NATO Medal are 30 days (continuous or accumulated) in the territory and airspace of the former Republic of Yugoslavia and the Adriatic Sea, or 90 days (continuous or accumulated) in the area or operations outside the former Republic of Yugoslavia and Adriatic Sea.

21.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Combat Action Badge and two Army Achievement Medals.  Therefore, he is entitled to correction of his record to show these awards.
2.  The DFAS computerized record shows that the applicant received HF/IDP and CZTE from 12 February 2004 to 9 February 2005 for service in Kuwait.  In addition, his Combat Action Badge award order shows he was assigned to C Battery, 1st Battalion, 7th Field Artillery and that he received this badge for combat actions incurred in support of OIF on 2 July 2004.  Absent temporary change of station orders or unit movement orders with deployment personnel rosters, the applicant's specific dates of assignment in Iraq cannot be determined.

3.  Based on the applicant's known service in Kuwait/Iraq in support of OIF, as reported by DFAS and the Combat Action Badge award order, it would be appropriate to add to item 18 (Remarks) of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040212-20050209."

4.  Evidence of record shows he received the Global War on Terrorism Expeditionary Medal for his service in Kuwait/Iraq.  He requests that his record be corrected to show the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  As a Soldier is entitled to one of the aforementioned awards for the same period of service in Iraq and based on his personal request, he is entitled to have his record corrected to remove the Global War on Terrorism Expeditionary Medal and add the Iraq Campaign Medal.

5.  Based on his period of service in Kuwait/Iraq, he participated in two campaign period in support of OIF.  Therefore, he entitled to two bronze service stars for wear on the Iraq Campaign Medal.

6.  The applicant provided documentary evidence to show that he was awarded the NATO Medal [which is not shown on his DD Form 214] for service in support of Kosovo operations from 6 May 2002 to 1 November 2002, which is also a qualifying period of service for the Kosovo Campaign Medal.  Therefore, he is entitled to award of the Kosovo Campaign Medal and correction of his records to show the NATO Medal and the Kosovo Campaign Medal.

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 his DD Form 214 the Global War on Terrorism Expeditionary Medal;

   b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (first oak leaf cluster), Iraq Campaign Medal, NATO Medal, Kosovo Campaign Medal, and the Combat Action Badge; and

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20040212-20050209."



      __________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)                                         AR20090014493



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ABCMR Record of Proceedings (cont)                                         AR20090014493



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