IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090014752


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 award of the Iraq Campaign Medal and the Combat Action Badge (CAB).

2.  The applicant states he served in Kuwait and Iraq during the period 18 January to 1 August 2003.

3.  The applicant provides two printouts from the internet – one discusses the Iraq Campaign Medal and states "…personnel who previously received the Global War on Terrorism Expeditionary Medal (GWOTEM) for Iraq service may elect to exchange the medal for the new Iraq Campaign Medal" and the second discusses the criteria for award of the CAB.

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 service records show he served in Kuwait and Iraq during Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) from 18 January through 1 August 2003.  His records also show he was awarded the GWOTEM for that service.

3.  The applicant's records show he was an engineer construction equipment operator during OEF and OIF.  His records do not show orders indicating he was awarded the CAB.

4.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas 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; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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 one day of eligibility].

5.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  



6.  Personnel awarded the Iraq Campaign medal are also authorized award of bronze service stars for wear on that medal.  There are four campaign phases for service in Iraq - 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.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the CAB to provide special recognition to Soldiers who personally engage, or are engaged by, the enemy.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Army Regulation 600-8-22 also states that award of the CAB is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant desires award of the Iraq Campaign Medal and the CAB.

2.  The applicant served in Kuwait and Iraq from 18 January 2003 through 1 August 2003 and was awarded the GWOTEM for that service.  By regulation, he is also entitled to award of the Iraq Campaign Medal for service in Iraq from 19 March 2003.  He should be awarded the Iraq Campaign Medal with 2 bronze service stars.

3.  The applicant's records contain no orders awarding him the CAB.  There is also no evidence to show he engaged, or was engaged by, the enemy during his service in Iraq.  Entitlement to the CAB cannot be determined.



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 awarding him the Iraq Campaign Medal with 2 bronze service stars and adding it to his DD Form 214.

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 award of the CAB.  




      _______ _   _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)                                         AR20090014752



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ABCMR Record of Proceedings (cont)                                         AR20090014752



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