IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100023193 


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:

* his foreign service in support of Operation Iraqi Freedom (OIF)
* award of the Iraq Campaign Medal, Combat Action Badge, Army Good Conduct Medal, and the Army Achievement Medal

2.  The applicant states the requested foreign service and ribbons and badges were omitted from his DD Form 214.

3.  The applicant did not provide any 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 enlisted in the Regular Army on 4 April 2000 and held military occupational specialty 31F (Network Switching Systems Operator-Maintainer).  He attained the rank/grade of specialist (SPC)/E-4 and he was assigned to Fort Stewart, GA.

3.  He was discharged from the Army on 1 September 2004 by reason of disability with severance pay.  He completed 4 years, 4 months, and 28 days of creditable active service.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Service Medal, Army Lapel Button, and the Army Service Ribbon
* Item 18 (Remarks) no entry for hostile fire/imminent danger pay (HF/IDP) deployment area

4.  The Defense Finance and Accounting Service (DFAS) verified he received HF/IDP and combat zone tax exclusion (CZTE) from 12 January 2004 through
9 July 2004 for service in Iraq.

5.  His records do not contain official orders awarding him the Army Good Conduct Medal, Combat Action Badge, or the Army Achievement Medal. 

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, 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  YYYYMMDD - YYYYMMDD)"

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

	a.  The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 

1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  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 - to be determined)

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

	d.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The DFAS confirmed he received HF/IDP for service in Iraq from 12 January 2004 through 9 July 2004, which equates to 5 months and 28 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service in Iraq.

2.  Furthermore, this period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in the Transition of Iraq (2 May 2003 - 28 June 2004) and the Iraqi Governance (29 June 2004 -15 December 2005) campaigns.  Therefore, he is entitled to two bronze service stars for wear on the Iraq Campaign Medal.

3.  With respect to the Army Achievement Medal and Army Good Conduct Medal, there is no evidence in the available record that shows he was awarded these awards.  The governing Army regulation states that for personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show these awards.

4.  With respect to the Combat Action Badge, the CAB is not intended to be awarded to all Soldiers who serve in a combat zone or imminent danger area.  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 while performing assigned duties in an area where HF/IDP is authorized.  There is no evidence in the applicant’s records and the applicant did not provide any substantiating evidence that shows he actively engaged or was engaged by the enemy.  Furthermore, the applicant’s records do not contain a recommendation for award of the CAB or permanent orders that show he was awarded the CAB.

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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  05  28";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars; and 

   c.  adding to item 18 of his DD Form 214 the entry "Service in Iraq From 20040112 - 20040709."

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 correction of his DD Form 214 to show the Army Achievement Medal, Combat Action Badge, and the Army Good Conduct 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)                                         AR20100023193



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ABCMR Record of Proceedings (cont)                                         AR20100023193



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