IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002995 


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 he be awarded the Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM); that he be awarded the Afghanistan Campaign Medal (ACM) with 2 bronze service stars and bronze arrowhead in lieu of the Global War on Terrorism Service Medal (GWOTSM); that the Kosovo Campaign Medal (KCM) and North Atlantic Treaty Organization (NATO) Medal be added to his record and DD Form 214; and that he be awarded a 2nd Award of the Combat Infantryman Badge (CIB).  

2.  The applicant states that he believes the GWOTEM should be converted to the ICM with two bronze service stars based on his participation in the Transition of Iraq and Iraq Governance campaigns.  He also states the GWOTSM should be converted to the ACM with two bronze service stars based on his Liberation of Afghanistan and Consolidation I campaigns and a bronze service star should be added based on his participation in the assault landing in Shai Khowt Valley, Afghanistan.  He further states the KCM should be added based on his participation in Operation Joint Guard from February to August 2000, and the NATO Medal should also be added based on this service.  He also indicates he should receive the 2nd Award of the CIB.  

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

* DD Form 214
* Headquarters, 10th Mountain Division Permanent Order (PO) 071-660, dated 12 March 2002
* Headquarters, 3rd Brigade, 1st Cavalry Division, PO 275-1036, dated
2 October 2004
* DA Form 638 (Recommendation for Award), dated 6 August 2003
* Department of the Army General Order (DAGO) Number 10, dated 
25 September 2006
* FN 350-41b (Service Member Deployment History Out-Processing Verification) for the period 1 October 2000 through 21 October 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’s record shows he entered active duty in the Regular Army on 
6 August 1993, and was trained in and awarded military occupational specialty 11B (Infantryman).  He was promoted to staff sergeant/E-6 (SSG/E-6) on 
1 August 2001, and this is the highest rank he attained while serving on active duty.  

3.  The applicant’s official military personnel file (OMPF) is void of any records or documents related to his deployments other than his deployment to Iraq 
16 March 2004 through 5 May 2005.  

4.  On 22 June 2005, the applicant was honorably discharged, in the rank of staff sergeant/E-6, after completing 11 years, 10 months, and 17 days of active military service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* Purple Heart
* Meritorious Service Medal 
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* GWOTEM
* GWOTSM
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* CIB
* Expert Infantryman Badge
* Air Assault Badge
* Driver and Mechanic Badge with Driver and Mechanic Bars

5.  Item 18 of the applicant’s 22 June 2005 DD Form 214 confirms service in Iraq from 16 March 2004 through 5 May 2005.  No other deployments are listed.  

6.  The applicant provides the following two CIB award orders:

* Headquarters, 3rd Brigade, 1st Cavalry Division, Baghdad, Iraq, dated 
2 October 2004
* Headquarters, 10th Mountain Division, Combined Joint Task Force Mountain, APO AE 09354, dated 12 March 2002

7.  The Defense Finance and Accounting Service (DFAS) pay record for the applicant confirms he received imminent danger pay/hostile fire pay (IDP/HFP) for Macedonia/Kosovo from 17 February through 3 September 2000; and for Uzbekistan/Afghanistan from 13 November 2001 through 30 June 2002.  

8.  The applicant also provides a DA Form 638, dated 6 August 2003, which shows he was awarded the MSM for meritorious service while assigned to the 1st Battalion, 87th Infantry Regiment from 20 January 2000 to 20 November 2002.  The award achievements listed include his achievements during deployment for Operation Anaconda in Afghanistan and in the air assault into Shahi Khowt Valley, and during the NATO peacekeeping mission in support of Operation Joint Guard in Kosovo.  He also provides a deployment history form indicating he was deployed in a named operation from 13 November 2001 through 3 June 2002.  

9.  The unit history for the 1st Battalion, 87th Infantry Regiment confirms the unit was deployed to Karsi Khanabad Airfield, Uzbekistan, in support of Operation Enduring Freedom, on 5 October 2001.  It also shows that during November 2001, the unit deployed to Bagram Airfield, Afghanistan providing security and support for humanitarian missions and that the unit actively participated in Operation Anaconda, conducting combat operations in the Lower Shah Khowt Valley, Afghanistan, and returned to Fort Drum, New York on 6 April 2002.  It further confirms the unit received combat assault credit for Shahi Khowt Valley, Afghanistan for 2 and 3 March 2002.  
10.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-15 provides guidance on the KCM.  It states it is authorized for service in direct support of Kosovo operations including  operations Allied Force, Joint Guardian, Allied Habour, Sustain Hope/Shining Hope, or Noble Anvil within the Kosovo Defense Campaign areas of eligibility which included Serbia (including Kosovo), Montenegro, Albania, and Macedonia.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Kosovo.  The Kosovo Defense Campaign began on 11 June 1999 to a date to be determined.  A bronze arrowhead is authorized units who participated in the combat assault landing at Shahi Khowt Valley, Afghanistan from 2-3 March 2002, which included the applicant's unit, 1st Battalion, 187th Infantry Regiment. 

11.  Paragraph 2-16 provides guidance on the ACM.  It is authorized for service in Afghanistan on or after 24 October 2001, to a future date to be determined.  Service members qualified for the GWOTEM for service between 
24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  A bronze service star is authorized with this award for each campaign a member is credited with while serving in Afghanistan.  A bronze arrowhead is authorized units who participated in the combat assault landing at Shahi Khowt Valley, Afghanistan from 2-3 March 2002.  The following are authorized Afghanistan campaigns:

* Liberation of Afghanistan (11 September-30  November 2001) 
* Consolidation I (1 December 2001-30 September 2006) 
* Consolidation II (1 October 2006 to 30 November 2009)
* Consolidation III (1 December 2009 to a date to be determined)

12.  Paragraph 2-17 of the awards regulation provides guidance on the ICM.  It states it is authorized for service in Iraq on or after 19 March 2003 to a date to be determined.  It states under no circumstances will members receive the GWOTEM and ICM for the same action, time period or service.  It further states that members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that award.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  A bronze service star is authorized with the ICM for each campaign a member is credited with participation in while serving in Iraq.  The following are authorized Iraq campaigns:

* Liberation of Iraq (19 March-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 2009-31 August 2010)
* New Dawn (1 September 2010 to date to be determined).  

13.  Paragraph 2-19 of the awards regulation contains guidance on the GWOTSM.  It states it is authorized for participation in the Global War on Terror (GWOT) operations outside of a designated Area of Eligibility (AOE) for the GWOTEM for active duty service of 30 or more consecutive or 60 or more non-consecutive days from 11 September 2001 to a date to be determined.   

14.  Paragraph 8-6 of the awards regulation contains guidance on the CIB.  It states the CIB is authorized for award for specific identified qualifying wars, conflicts and operations.  Included are Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined) and Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined). Second and third awards of the CIB are indicated by superimposing 1 and 2 stars respectively, centered at the top of the badge between the points of the oak wreath.  To date, a separate award of the CIB has been authorized for qualifying periods during the War on Terrorism for Afghanistan (Operation Enduring Freedom) and Iraq (Operation Iraqi Freedom).  

15.  Paragraph 9-11 of the awards regulation contains guidance on award of the NATO Medal.  It states it is authorized for service in support of operations related to Kosovo from 13 October 1998 to a date to be determined.  

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be added to Item 18.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the ICM in lieu of the GWOTEM, and the ACM with two bronze service stars and bronze arrowhead, KCM, NATO Medal and 2nd Award of the CIB has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was awarded the CIB for operations in Afghanistan and operations in Iraq and by regulation the CIB has been authorized for qualifying periods during the War on Terrorism for Afghanistan (Operation Enduring Freedom) and Iraq (Operation Iraqi Freedom).  Therefore, it would be appropriate to correct the CIB entry in item 13 of his DD Form 214 to read CIB (2nd Award).

3.  By regulation, members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized may be awarded the ICM in lieu of the GWOTEM for such service upon application.  The evidence of record confirms the applicant served in Iraq from 16 March 2004 to 5 May 2005.  As a result, it would be appropriate to grant his request to be awarded the ICM with two bronze service stars in lieu of the GWOTEM he now holds for that service based on his service and campaign participation in Iraq.  

4.  The evidence of record also confirms the applicant was deployed in support of Operation Enduring Freedom and served in Uzbekistan/Afghanistan from 
13 November 2001 through 30 June 2002.  It further shows his unit received combat assault credit for participating in the assault Shahi Khowt Valley, Afghanistan on 2 and 3 March 2002.  As a result, it would also be appropriate to add the ACM with two bronze service stars and bronze arrowhead to his record and DD Form 214 based on his service, campaign participation and qualifying combat assault participation.  The applicant is advised that he is qualified for this award based on his qualifying service in Afghanistan and remains qualified for the GWOTSM based on his qualifying active duty service outside of a designated AOE for the GWOTEM on or after 11 September 2001. 

5.  The evidence of record also confirms the applicant served in support of Operation Joint Guardian in Macedonia/Kosovo from 17 February through 
3 September 2000.  Therefore, it would also be appropriate to award him the KCM with one bronze service star and NATO Medal based on this qualifying service and campaign participation in Kosovo operations, and to add these awards to his record and DD Form 214.  

6.  Based on the applicant's deployments to Uzbekistan/Afghanistan and Macedonia/Kosovo, it would also be appropriate to add the following entries to item 18 of his DD Form 214:

* "SERVICE IN MACEDONIA/KOSOVO FROM 20000217-20000903"
* "SERVICE IN UZBEKISTAN/AFGHANISTAN FROM 20011113-20020630"

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 amending item 13 of his DD Form 214 by deleting the Global War on Terrorism Expeditionary Medal and replace it with the Iraq Campaign Medal with two bronze service stars, amending the Combat Infantryman Badge entry by adding "(2nd Award)" and adding the Afghanistan Campaign Medal with two bronze service stars and bronze arrowhead, Kosovo Campaign Medal with one bronze service star, and NATO Medal; and by adding the entries "SERVICE IN MACEDONIA/KOSOVO FROM 20000217-20000903" and "SERVICE IN UZBEKISTAN/AFGHANISTAN FROM 20011113-20020630" to item 18.  



      _______ _  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)                                         AR20110002995



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ABCMR Record of Proceedings (cont)                                         AR20110002995


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