BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027431 


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 and the Combat Action Badge, that these awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), and that he be issued a document to show these corrections.

2.  He states he did not receive either of the above awards.  However, he served in Iraq as an infantryman and he would like the awards in recognition of his Iraq service.  

3.  He provides his DD Form 214.

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 in his records confirming award of this personal decoration.  There is also no evidence he submitted an application for this award to the Commander, U.S. Army Human Resources Command, ATTN: Veteran Services, 1600 Spearhead Avenue, Fort Knox, KY.  He has been notified by separate correspondence of the procedures for applying for this award.  As a result, the request for award of the Combat Action Badge will not be further discussed further in this Record of Proceedings.

3.  The applicant's military records show he enlisted in the Regular Army on 31 January 2002.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Infantryman).

4.  On 31 October 2004, he was honorably released due to disability, temporary and placed on the Temporary Disability Retired List in the rank of specialist/E-4.  He was credited with completing 2 years and 9 months of active service with no lost time.

5.  His DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:

* Purple Heart (2nd Award)
* Army Commendation Medal with "V" Device
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Presidential Unit Citation (Army)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army (Retired) Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge

6.  His DD Form 214, item 18 (Remarks) contains the entry "SERVICE IN KUWAIT/IRAQ FROM 20030120-20030826.

7.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.


8.  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 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)

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that 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.  No service member will be entitled to both medals for the same act, achievement or period of service.  

	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 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.  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.  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 one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

DISCUSSION AND CONCLUSIONS:

1.  By regulation, 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.  

2.  The available evidence shows the applicant served in Kuwait/Iraq from 20 January 2003 to 26 August 2003.  The OIF campaign officially began on 19 March 2003.  Therefore, it is reasonable to presume:

	a.  The applicant served in Kuwait from 20 January to 19 March 2003 awaiting movement in support of OIF.  This period of service would have qualified him for award of the Global War on Terrorism Expeditionary Medal which is already shown on his DD Form 214.

	b.  The applicant served in Iraq from at least 19 March to 26 August 2003 when OIF commenced.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (the Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars to be worn with the Iraq Campaign Medal and to correction of his DD Form 214 to show these awards.

3.  The available evidence appears to show he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence that shows he was disqualified by his commander for award of this medal.  Therefore, the applicant should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 31 January 2002 through 31 October 2004 and correction of his DD Form 214 to show this medal.

4.  In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:

___x_____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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: 

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 31 January 2002 through 31 October 2004
* adding to Item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) and Iraq Campaign Medal with two bronze service stars
* providing him a document to show these corrections



      _______ 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)                                         AR20100027431



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ABCMR Record of Proceedings (cont)                                         AR20100027431



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