IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20100007388 


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 following awards and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to list the:

* Armed Forces Expeditionary Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Good Conduct Medal
* Combat Action Badge

2.  The applicant states some of the requested awards were not issued at the time of his discharge.   

3.  The applicant did not provide any additional documentary evidence.

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, Alexandria, Virginia  22332-0471.  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 19 December 2000 and held military occupational specialty 63B (Light Wheel Vehicle Mechanic).  His records also show he was assigned to Germany on or about 18 January 2001.  

5.  He was honorably released from active duty on 18 December 12003 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal (2nd award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

7.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 20 March 2003 to 6 August 2003. 

8.  His record is void of official orders awarding him the Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions (flag) which would have disqualified him from receiving his first award of the Good Conduct Medal.

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

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  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 Terrorism 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. 

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  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-date to be determined)

	d.  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.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.

	e.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The regulation defines an AOE as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  "Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award various Iraq-related awards.

2.  The evidence of record shows he served in Iraq from 20 March 2003 to 6 August 2003.  Therefore, he served a qualifying period of service for award of the Iraq Campaign Medal and he is entitled to correction of his records to show this award.  Additionally, he participated in the Liberation of Iraq and the Transition of Iraq campaigns during his service in Iraq and is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

3.  The evidence of record shows he served a qualifying period of service 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.

4.  The available evidence confirms he served honorably on active duty during the period 19 December 2000 through 18 December 2003.  He was fully eligible to reenlist on the date of separation and his records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 to show this award.  

5.  With respect to award of the Global War on Terrorism Expeditionary Medal, by regulation, service members who qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  His entitlement to award of the Iraq Campaign Medal disqualifies him from receiving the Global War on Terrorism Expeditionary Medal for the same period of service 

6.  With respect to the Armed Forces Expeditionary Medal, this award is not authorized for service in Iraq.  Furthermore, there is no evidence he served in any other location, such as Grenada, Somalia, Bosnia, Haiti, Kosovo, or any other designated location that is authorized the Armed Forces Expeditionary Medal.

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 December 2000 through 18 December 2003; and 

	b.  adding to his DD Form 214 the Good Conduct Medal (1st Award), the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal.

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 Global War on Terrorism Global Expeditionary Medal and the Armed Forces Expeditionary Medal.



      _______ _   __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)                                         AR20100007388



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)