BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100008774 


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, the Global War on Terrorism Service Medal, and a marksmanship ribbon; authorization to wear a shoulder sleeve insignia, and his foreign service in Kuwait and Iraq added to the remarks section of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 does not properly reflect all his awards, decorations, and service in Operation Iraqi Freedom.  He states he received both an Army Commendation Medal and Army Achievement Medal certificates but did not receive the actual medals.  

3.  The applicant provides the following documentary evidence in support of his application:

	a.  DD Form 214 with a separation date of 7 February 2004;

	b.  Order Number 42-26 issued by Headquarters, V Corps on 11 February 2003 directing the 440th Signal Battalion, 22nd Signal Brigade to temporarily change station from Darmstadt, Germany to support Operation Enduring Freedom in the Central Command (CENTCOM) theater of operations;

	c.  Service Member Deployment History out processing verification form for the period from 6 September 2000 to 1 December 2003;

	d.  a memorandum, dated 13 September 2003, authorizing the applicant to depart the CENTCOM area of responsibility on or about 14 September 2003 due to his expiration of his term of service;
	
	e.  Orders 265-12 issued on 22 September 2003 by the Department of the Army, Darmstadt Transition Center; and

	f.  his Enlisted Record Brief (Electronic) dated 12 November 2002.

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 Regular Army on 8 February 2000.  He completed his initial entry training and was awarded military occupational specialty 31R (Multi-channel Transmissions Systems Operator).  A review of his Enlisted Record Brief (ERB) shows he was assigned to the 440th Signal Battalion on 8 September 2000.

3.  Evidence provided by the applicant shows he and his unit were reassigned to the USACENTCOM area of operations on temporary change of station orders.  The effective date of the temporary change of station was between 28 February and 8 March 2003. 

4.  On 13 September 2003, the applicant's commander authorized his early departure from the USCENTCOM area of operations due to his pending expiration of his term of service. 

5  The applicant's deployment history from a military database shows he was deployed from 9 March 2003 to 19 September 2003 with Company A, 440th Signal Battalion.  He was credited with 194 days of deployment.  

6.  The applicant was awarded the Army Achievement Medal on or about 4 October 2003 by Orders 272-02 issued by Headquarters, 440th Signal Battalion.  His period of service for this award was from 9 May 2003 to 20 November 2003.  Within the award recommendation, it states 

(the applicant's) motivation and initiative allowed his team to man two Internodal links and a SEN link with 99.9 percent communications while deployed in Iraq.

7.  On 7 February 2004, the applicant was honorably released from active duty due to the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.  He was issued a DD Form 214 confirming his separation and showing he had completed 4 years of active duty with 3 years and 5 months of foreign service.  The location(s) of his foreign service tour(s) is/are not recorded on his DD Form 214.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:

* Army Commendation Medal
* Army Achievement Medal 
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

9.  The applicant's ERB, dated 12 September 2003, shows under Section VIII (Awards and Decorations) award of the National Defense Service Medal.  There is no record of a marksmanship qualification badge recorded on his ERB or on an earlier published ERB, dated 13 November 2002.  In addition, the applicant's DA Form 2-1 (Personnel Qualification Record) does not contain entries for weapons qualification badge(s).

10.  In the processing of this case, the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  By email, DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Kuwait from 10 March to 19 September 2003.  

11.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 GWOTSM.  

	b.  Army Regulation 600-8-22 states 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 fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  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, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a designated specific geographic areas of eligibility (AOE) which included the country of Kuwait.

	c.  Appendix F—U.S. Army Units in Operation IRAQI FREEDOM (OIF) from the book, ON POINT II:  Transition to the New Campaign, The United States Army in OIF May 2003 to January 2005 shows the order of battle for U.S. Army units at battalion level and above that participated in OIF between May 2003 and January 2005.  This period is the 18-month period between two major troop rotations for OIF I and OIF Il.  This task force organization includes the 440th Signal Battalion.  

	d.  Army Regulation 600-8-22 states 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Records shows the applicant served in the campaign titled Transition of Iraq (2 May 2003-28 June 2004).
	
	e.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  
	
	f.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214, as it is an item of uniform wear and not an award or decoration.   

	g.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service, taken from the ERB, performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  Additionally, when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Iraq Campaign Medal, the GWOTSM, a marksmanship qualification ribbon, authorization to wear a shoulder sleeve insignia, and his foreign service tour in Iraq.

2.  Based on the applicant's service on active duty during a qualifying period of service, the applicant is entitled to a correction of his record to show the GWOTSM. 

3.  DFAS verified that the applicant received HFP/IDP for service in Kuwait from 10 March to 19 September 2003, which matches the military personnel database.  Kuwait is the point of embarkation for military units preparing for forward movement into Iraq for combat operations.  Permanent award orders show that the applicant's period of service in Iraq was from 9 May 2003 to 20 November 2003.  The battle of order for OIF 1 shows the applicant's unit was in Iraq from May 2003 to January 2005.  Based on his commander's memorandum releasing him from Iraq on 13 September 2003, it is reasonable to presume that the applicant's service in Iraq was from 9 May 2003 to his departure on or about 13 September 2003.  He departed Kuwait on or about 19 September 2003, the date his HFD/IDP ceased because he no longer was in a location entitled to this special pay.   To account for service in Kuwait and Iraq, it would be appropriate to correct the applicant's record to show he served in Kuwait/Iraq from 10 March 2003 to 19 September 2003.

4.  Based on the applicant's service in Kuwait for more than 30 days, he is entitled to have his records corrected to show award of the GWOTEM.    

5.  Based on the applicant's service in Iraq for more than 30 days, he is entitled to have his records corrected to show award of the Iraq Campaign Medal.  As the applicant's award recommendation shows his unit arriving in Iraq on or about 9 May 2003, he served in Iraq during one named campaign.  Therefore, he is entitled to one bronze service star to be affixed to his Iraqi Campaign Medal.  

6.  There is no documentary evidence available in the applicant's service record to show at what level the applicant qualified on his individual weapon.  Therefore, there is insufficient evidence upon which to award the applicant a marksmanship qualification badge. 

7.  As a unit shoulder sleeve insignia is a designated item for wear on a military uniform, there is no requirement to list or update the applicant's DD Form 214 with his combat shoulder sleeve insignia unit identification patch.

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.  amending his DD Form 214, item 13 to add the 

* GWOTSM
* GWOTEM
* Iraq Campaign Medal with one bronze service star
	
	b.  adding to Item 18 "SERVICE IN KUWAIT/IRAQ 20030310 TO 20030919."

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 adding the applicant's unit shoulder sleeve insignia to his DD Form 214 and a marksmanship qualification badge.   




      _______ _  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)                                         AR20100008774





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ABCMR Record of Proceedings (cont)                                         AR20100008774



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