IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006090 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Expert Marksmanship Qualification Badge
* Combat Action Badge (CAB)
* All awards pertaining to his deployment in Iraq for Operation Iraqi Freedom (OIF) in 2003

2.  He states that he was medically evacuated from Iraq and he believes the transition failed the appropriate people from properly doing their job.

3.  He provides a copy of 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 CAB.  However, there are no orders or other evidence in his records confirming award of this badge.  There is also no evidence he submitted an application for this award to the Commander, U.S. Army Human Resources Command (AHRC), ATTN: Veteran Services, 1600 Spearhead Avenue, Fort Knox, KY 40122.  He may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

The portion of his request pertaining to award of the CAB will not be discussed further in the Record of Proceedings.

3.  He enlisted in the Regular Army in pay grade E-1 on 13 March 2000.  He completed training and he was awarded military occupational specialty 19K    (M1 Armor Crewman).

4.  He was honorably released from active duty in pay grade E-5 on 12 March 2004, for completion of required active service, and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 4 years active service and no time lost.  He was also credited with 6 months and 8 days of foreign service.  

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

* Army Lapel Button
* National Defense Service Medal
* Noncommissioned Officer’s Professional Development Ribbon
* Army Service Ribbon
* Marksmanship Qualification Badge with Pistol Bar

6.  Item 18 (Remarks) of his DD Form 214 does not show any deployment entry for service in Kuwait/Iraq.

7.  There is no evidence he was awarded the ARCOM, AAM, and/or Expert Marksmanship Qualification Badge with any weapons systems.

8.  He was honorably discharged from the USAR on 4 March 2008.

9.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait/Iraq from 7 April 2003 through 29 October 2003, a period of 6 months and 23 days.

10.  Army Regulation 635-5 (Personnel Separations - 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 that for:

* Item 12 (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); each entry will be verified by the Soldier’s records
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

11.  Army Regulation 600-8-22 provides for the following awards:

	a.  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 the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

	b.  the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  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 area of eligibility.  

	c.  service members qualified for the Global War on Terrorism Expeditionary Medal by reason 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 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.  During his service in Kuwait/Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	e.  the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  the AAM is awarded to members 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.

	g.  it sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records confirms the applicant served a qualifying period of service for entitlement to the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal.  Therefore, this DD Form 214 should be corrected to show these awards.

2.  The evidence of records shows he was deployed to Kuwait/Iraq in support of OIF from 7 April through 29 October 2003, a period of 6 months and 23 days.  Therefore, item 12f of his DD Form 214 for the period ending on 12 March 2004 should be corrected to show he served 6 months and 23 days of foreign service. Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Kuwait/Iraq from 20030407 - 20031029."

3.  Pertinent regulations show that no service member will be entitled to both the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  In view of his request for the Iraq Campaign Medal, he is not entitled to the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214.

4.  His contention that his DD Form 214 should be corrected to show award of the ARCOM, AAM, and the Expert Marksmanship Qualification Badge is acknowledged; however, he provided no official orders or corroborating documents showing he was awarded these awards.  There is also no evidence in his service personnel record that shows he was recommended for or awarded these awards.  Therefore, there is no basis for granting this portion of his request.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 the applicant's DD Form 214 the entry
"0000  06  08" and replacing it with the entry "0000  06  23";

	b.  adding to Item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal; and
   
   c.  adding to Item 18 of his DD Form 214 the entry “SERVICE IN KUWAIT/IRAQ FROM 20030407 – 20031029.”

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 correction of his DD Form 214 to show award of the Army Commendation Medal, Army Achievement Medal, Global War on Terrorism Expeditionary Medal, and Expert Marksmanship Qualification Badge.



      _______ _   __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)                                         AR20110006090





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ABCMR Record of Proceedings (cont)                                         AR20110006090



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