IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002137 


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 remove the Noncommissioned Officer Professional Development Ribbon.  The applicant further requests award of the Iraq Campaign Medal with two arrowhead devices to reflect the specific campaigns he participated in and award of the Combat Action Badge.

2.  The applicant states he is not entitled to the Noncommissioned Officer Professional Development Ribbon because he was honorably discharged prior to attending the Noncommissioned Officer Primary Leadership Development Course.  He also states he wants his awards and decorations to accurately reflect his deployment and combat status.

3.  The applicant provides:

* DD Form 214
* Purple Heart orders
* promotion orders
* temporary change of station orders
* Valorous Unit Award Citation
* DA Form 4187 (Personnel Action)
* memorandum for record



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.  With respect to the Combat Action Badge, Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, states the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available to him/her.  There is no evidence he submitted his application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Avenue, Fort Knox, KY  40121-5743, and was denied award of this badge.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 2 February 2000 and held military occupational specialty 21B (Combat Engineer).  He was released from active duty (REFRAD) on 20 February 2005 after completing 5 years and 19 days of creditable active service.  At the time of his REFRAD, he held the rank/pay grade of sergeant/E-5.

4.  His DD Form 214 contains the following information:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear:

* Purple Heart
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal


* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Good Conduct Medal
* North Atlantic Treaty Organization Medal
* Overseas Service Ribbon
* Kosovo Campaign Medal

	b.  Item 14 (Military Education) shows he completed the following courses:

* Small Arms Maintenance for Unit Armorer Course, 2 weeks, 2001
* Combat Lifesaver Course, 1 week, 2002

   c.  Item 18 (Remarks) shows he served in support of Operation Enduring/Iraqi Freedom in Kuwait/Iraq from 14 March through 22 September 2003.

5.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service revealed he received hostile fire/imminent danger pay and combat zone tax exclusion entitlements associated with deployment to Kuwait from 14 April through 23 August 2003.

6.  The applicant's record is void of any evidence and he has not provided any evidence which shows he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission in a unit that was credited with a combat assault.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's tour of duty in Iraq he completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).  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.
8.  The applicant provided no contact information (phone number or email address) and so he could not be contacted to verify he understood he had to give up the Global War on Terrorism Expeditionary Medal in order to receive the Iraq Campaign Medal.

9.  Army Regulation 600-8-22 states the arrowhead device will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.

	a.  All decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service prior to the end of the period covered by the DD Form 214 should be entered in item 13.

	b.  Formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 should be entered in item 14.  Include the title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to remove the Noncommissioned Officer Professional Development Ribbon and to add the Iraq Campaign Medal with two arrowhead devices to reflect the specific campaigns he participated in.
2.  With regard to the Noncommissioned Officer Professional Development Ribbon, the evidence clearly shows the applicant did not attend or successfully complete the requisite noncommissioned officer professional development course.  He acknowledges he did not complete the course and did not earn the ribbon.  Therefore, he is entitled to the requested relief.

3.  The evidence shows he served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns.  His record is void of any evidence and he has not provided any evidence which shows he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission in a unit that was credited with a combat assault.  Therefore, he would not be entitled to any arrowhead devices to be affixed to an Iraq Campaign Medal.  Regardless, 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.  Therefore, the applicant’s previously awarded Global War on Terrorism Expeditionary Medal disqualifies him from receiving the Iraq Campaign Medal for the same period of service.  He may request reconsideration if he indicates he desires the Iraq Campaign Medal in lieu of the Global War on Terrorism 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 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 deleting the Noncommissioned Officer Professional Development Ribbon from item 13 of his DD Form 214.

2.  The Board further determined 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 awarding the Iraq Campaign Medal and arrowhead devices.



      _________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)                                         AR20110002137



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ABCMR Record of Proceedings (cont)                                         AR20110002137



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