IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090017872 


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 he served in Iraq and also show all of his authorized decorations.

2.  The applicant states he deployed overseas to Iraq in 2003; however, this service is not shown on his DD Form 214.  He adds he believes he should have been awarded the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Combat Action Badge, Combat Action Ribbon, and Valorous Unit Award.

3.  The applicant provides copies of his DA Form 2166-8 (NCO Evaluation Report), DD Form 214, and discharge orders.

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 and entered active duty in the Regular Army for a period of 4 years on 21 July 1999.  Upon completion of training, he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 2003 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 4 years, 4 months, and 10 days of net active service.

	a.  Item 12 (Record of Service), block f (Foreign Service), shows he completed 4 months and 14 days of foreign service this period.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

	c.  Item 18 (Remarks) shows the entry "//OPERATION IRAQI FREEDOM SERVICE TIME:  20030407-20030820//NOTHING FOLLOWS."

4.  The applicant provides, in support of his request, a copy of his NCO Evaluation Report for the period from March through September 2003.  This document shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 13th Armor, Fort Riley, Kansas.  It also shows he served as a team leader during Operation Iraqi Freedom (OIF) and:

* participated in seven raids that resulted in the seizure of numerous weapons and explosive caches

* established numerous observation posts throughout North Baghdad that identified the whereabouts of known criminals and terrorists

* led a dismounted team in a raid during OIF that captured seven terrorists and recovered 2.5 million dollars

* led a dismounted patrol during a fire fight in Northern Baghdad that resulted in the arrest of two Iraqi criminals
5.  There is no evidence in the applicant's military personnel records that shows he was awarded the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Combat Action, Badge, Combat Action Ribbon, or Valorous Unit Award.

6.  Headquarters, Department of the Army, Washington, DC, General Orders Number 2009-10, dated 16 December 2009, shows the applicant's unit was cited for award of the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 1 September to 30 November 2003.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal for his service in support of Operation Iraqi Freedom.  In response, the applicant indicated he would prefer award of the Iraq Campaign Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) 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 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for
30 consecutive days or 60 nonconsecutive days in the AOE.

	b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 ICM 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.  The Military Awards regulation also shows:

		(1)  that only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ICM in lieu of the GWOTEM for such service; and

		(2)  it lists the Iraq campaign phases, including the Liberation of Iraq (19 March 2003 to 1 May 2003), Transition of Iraq (2 May 2003 to 28 June 2004), Iraqi Governance (29 June 2004 to 15 December 2005), and National Resolution (16 December 2005 to a date to be determined).  This regulation provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the ICM.

	c.  The Global War on Terrorism Service Medal (GWOTSM) is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a 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 this award. 

	d.  The requirements for award of the Combat Action Badge 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 Combat Action Badge.  However, it is not intended to award the Combat Action Badge 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.

	    (1)  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.

	    (2)  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

9.  Department of Defense (DoD) Manual 1348.33 (Manual of Military Decorations and Awards) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.

   a.  The DoD manual lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia effective 1 March 1961 and ending with Operation Desert Storm in 1991.
   
   b.  It states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.
	
	a.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	b.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in Iraq and also show all of his authorized awards and decorations.

2.  Records show the applicant served overseas in Iraq in support of OIF from
7 April to 20 August 2003.  This equates to 4 months and 14 days and this period of foreign service is recorded in item 12f of his DD Form 214.  However, item 18 of his DD Form 214 does not properly show he served in Iraq [emphasis added] during this period.  Therefore, it would be appropriate to correct item 18 of his
DD Form 214 to show this foreign service.
3.  The applicant served as a team leader in a scout platoon in Iraq during OIF. He was personally present and actively engaging or being engaged by the enemy, and he performed satisfactorily in accordance with the prescribed rules of engagement.  Therefore, it would be appropriate to award the applicant the Combat Action Badge.

4.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Iraq).  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in support of OIF.

   a.  The applicant requests award of the ICM in lieu of the GWOTEM.  

   b.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

5.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

6.  General orders awarded the applicant's battalion the Valorous Unit Award.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

7.  There is no evidence, and the applicant provides insufficient evidence in support of his application, to show he qualified for award of the Combat Action Ribbon.  Therefore, there is no basis for correcting his records in this instance.

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.  awarding the applicant the Combat Action Badge for being personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement from 7 April to 20 August 2003;

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Combat Action Badge, and Valorous Unit Award;

   c.  deleting from item 18 of his DD Form 214 the entry "//OPERATION IRAQI FREEDOM SERVICE TIME:  20030407-20030820//NOTHING FOLLOWS;" and

	d.  adding to item 18 of his DD Form 214 the entry "//SERVICE IN IRAQ FROM 20030407-20030820//NOTHING FOLLOWS."

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 the Combat Action 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)                                         AR20090017872



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017872



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1