BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110000314 


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 to be awarded the Combat Action Badge.  He also requests the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, and he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards.

2.  The applicant states he served in Iraq in support of Operation Iraqi Freedom (OIF) from 13 February 2003 to 7 February 2004.  He was not awarded the Combat Action Badge because he was honorably discharged before this award was authorized.  His evaluation reports clearly show he participated in combat.  

3.  The applicant provides:

* DD Form 214
* DA Forms 2166-8 (Noncommissioned Officer Evaluation Report)

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, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743.  This award may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Enlisted Record Brief
* a copy of the chain-of-command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* 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 on 15 November 2000 and held military occupational specialty 13F (Fire Support Specialist).  He was assigned to the 2nd Battalion, 319th Airborne Field Artillery Regiment, Fort Bragg, NC. 

5.  He was honorably released from active duty on 17 September 2004 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

6.  Item 18 (Remarks) of his DD Form 214 shows he served in Kuwait/Iraq from in support of OIF from 13 February 2003 to 7 February 2004.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Global War on Terrorism Expeditionary Medal 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.  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 area of eligibility, or meet other, specified criteria.  Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic areas of eligibility, including Kuwait.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, 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.  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units 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. Approved campaigns are:

* 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New dawn (1 September 2010-date to be determined)

	c.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.

	d.  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.  It 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).  A clarification statement provided by the proponent states Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 13 February 2003 to 7 February 2004.  The official start date for OIF was 19 March 2003: 

	a.  It is reasonable to presume the applicant served in Kuwait from 13 February 2003 to 18 March 2003, awaiting the beginning of combat operations in Iraq.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal.  This award is already listed on his DD Form 214. 

	b.  He appears to have served in Iraq from at least 19 March 2003 to 7 February 2004 in support of OIF.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars with the Iraq Campaign Medal and correction of his DD Form 214 to show this award.

2.  He completed nearly 11 months of continuous foreign/overseas service in Iraq from 18 March 2003 to 7 February 2004.  This period of service qualifies him for award of the Overseas Service Ribbon and correction of his DD Form 214 to show it. 

BOARD VOTE:

___x__  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service 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)                                         AR20110000314





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ABCMR Record of Proceedings (cont)                                         AR20110000314



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