IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002142 


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 the following items be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
2 January 2004: 

* overseas service
* Combat Action Ribbon (determined to refer to the Combat Action Badge)
* GWOT (determined to refer to the Global War on Terrorism Service Medal)
* North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states he has received certifications and a commendation, but nothing is shown on his DD Form 214.

3.  The applicant provides:

* Headquarters, 3rd Armored Cavalry Regiment Permanent Orders 162-1, dated 11 June 2003 
* DD Form 2796 (Post-Deployment Health Assessment)
* Certificate of Appreciation issued by the 2nd Battalion, 5th Field Artillery
* Certificate for the Order of the Spur
* DD Form 214
* DD Form 214W (DD Form 214 Worksheet)


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 Chief of Staff, Army approved the creation of the Combat Action Badge on 2 May 2005 (over 1 year after the applicant's discharge).  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the Combat Action Badge that are submitted outside the 90-day redeployment window.  The applicant must first submit his request for the award of the Combat Action Badge to U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence that the applicant has previously submitted a request for the award of the Combat Action Badge to HRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  He enlisted in the Regular Army on 3 January 2001 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

4.  Headquarters, 3rd Armored Cavalry Regiment Permanent Orders 162-1, dated 11 June 2003, authorized shoulder sleeve insignia for former wartime service (SSI-FWTS) for the 3rd U.S. Cavalry Regiment from 2 April 2003.

5.  A certificate shows Headquarters, 3rd Armored Cavalry Regiment Permanent Order 268-53, dated 25 September 2003, awarded him the Army Commendation Medal for meritorious service on 27 August 2003.

6.  A certificate shows Headquarters, 3rd Armored Cavalry Regiment Permanent Order 301-60, dated 28 October 2003, awarded him the Army Commendation Medal for meritorious service from 13 April 2003 through 2 October 2003.
7.  He completed a DD Form 2796 on 10 November 2003.  On this form he indicated his date of arrival in theater was 12 April 2003.

8.  He was awarded a Certificate of Achievement by the 2nd Battalion, 5th Field Artillery, Arramadi, Iraq for meritorious service during combat operations in support of Operation Iraq Freedom during the period 12 April to 18 November 2003.

9.  On 2 January 2004, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 contains the following entries:

	a.  Item 12c (Net Active Service This Period) - 0003 00 00 (3 years, zero months, and zero days).

	b.  Item 12f (Foreign Service) - 0000 00 00 (zero years, zero months, and zero days).

	c.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized the:

* Army Commendation Medal (2nd award)
* National Defense Service Medal
* Army Service Ribbon

10.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait from 16 April 2003 through 24 November 2003.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or lost time.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns includes the Transition of Iraq (2 May 2003-28 June 2004).

	c.  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 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, 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.  

	d.  The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.  In a message, 101600Z July 1996, CINCUSAREUR expanded, retroactively, the area of eligibility for the NATO Medal to include the countries of Italy, Greece, Hungary, and Austria.

13.  The U.S. Army Human Resources Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service, taken from the ERB/ORB (enlisted record brief/officer record brief) performed during the period covered in Item 12c of the DD Form 214 will be entered in item 12f.  

	b.  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 DD Form 2796 completed on 10 November 2003 and the Certificate of Achievement from 2nd Battalion, 5th Field Artillery, Arramadi, Iraq indicate he started his tour in Iraq on 12 April 2003.  DFAS indicates he received HF/IDP and CZTE for Kuwait from 16 April 2003 through 24 November 2003.  Therefore, the preponderance of evidence indicates his tour began on 12 April 2003.  Based on the ending date of his eligibility for HF/IDP from DFAS it is reasonable to conclude his tour in Iraq ended on 24 November 2003.  Therefore, his foreign service would be computed as follows:

2003 11 24
2003 04 12
         07 12
+            01 (for inclusive day)
         07 13 (7 months and 13 days)

2.  In view of the above, the entry in item 12f of his DD Form 214 should be corrected to read 0000 07 13.

3.  In addition, the following entry should be entered in item 18 of his DD Form 214:  IRAQ 20030412 - 20031124.

4.  The applicant's records do not show indiscipline or lost time.  There are no statements in his official military personnel file (OMPF) disqualifying him for the Army Good Conduct Medal.  He was awarded two Army Commendation Medals during his period of service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 January 2001 to 2 January 2004.

5.  Based on his service in Iraq he is authorized the Iraq Campaign Medal and he participated in one campaign.  Therefore, he is authorized the Iraq Campaign Medal with one bronze service star.

6.  He served on active duty more than 30 consecutive days outside the areas approved for the Iraq Campaign Medal.  Therefore, he is authorized the Global War on Terrorism Service Medal.

7.  He contended a commendation was not reflected on his DD Form 214.  His OMPF contained two certificates for the award of the Army Commendation Medal.  There is no evidence of him having been awarded any additional Army Commendation Medals.  Item 13 contains the entry Army Commendation Medal (2nd award).  Therefore, there is no correction to be made.

8.  The applicant has not provided a certificate for award of the NATO Medal. Therefore, this award cannot be added to his DD Form 214 at this time.  

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 awarding him the Army Good Conduct Medal for the period of service from 
3 January 2001 to 2 January 2004.

2.  The Board also recommends all Department of the Army records of the individual be corrected by making the following changes to his DD Form 214:

	a.  Item 12f - change to read 0000 07 13

	b.  Item 13 - amend to add the:

* Army Good Conduct Medal
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	c.  Item 18 - add the entry:  IRAQ 20030412 - 20031124

3.  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 NATO 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)                                         AR20110002142





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ABCMR Record of Proceedings (cont)                                         AR20110002142



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