IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110011043 


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 show the:

* Iraq Campaign Medal
* all awards and decorations as a result of his service in Iraq
* Army Commendation Medal
* six awards of the Army Achievement Medal
* two or three awards of the Overseas Service Ribbon

2.  The applicant states:

* he served in Iraq in support of Operation Iraqi Freedom (OIF) from 19 March 2003 to 26 August 2003
* he served in Bosnia as part of Stabilization Force (SFOR) 9 for a little over 6 months
* he was awarded the North Atlantic Treaty Organization (NATO) Medal for his service in Yugoslavia
* he is missing six awards of the Army Achievement Medal
* he should be entitled to two awards of the Overseas Service Ribbon or three if Bosnia is counted
* he would like to receive replacement medals in the future and use his corrected DD Form 214 for Federal employment priority

3.  The applicant 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's records show he enlisted in the Regular Army for 4 years on 8 July 1999 and he held military occupational specialty 96R (Ground Surveillance Systems Operator).  He served in Korea with the 102nd Military Intelligence Battalion from 1 December 1999 to 30 November 2000.  He was then reassigned to Fort Stewart, GA.

3.  Permanent Order 170-56 issued by Headquarters, 103rd Military Intelligence Battalion, Eagle Base, Bosnia, on 19 June 2001 awarded him the Army Achievement Medal for meritorious service during SFOR 9 of Operation Joint Forge.

4.  Permanent Order 193-02 issued by Headquarters, 103rd Military Intelligence Battalion, Fort Stewart, dated 12 July 2003, awarded him the Army Good Conduct Medal (1st Award) for exemplary service from 7 July 1999 to 6 July 2002.

5.  He successfully attended and completed the Primary Leadership Development Course at Fort Stewart from 2 July to 1 August 2002.

6.  He was honorably released from active duty on 30 November 2003.  His DD Form 214 shows in:

* item 12f (Foreign Service) – completion of 2 years, 3 months, and 9 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
* NATO Medal (Yugoslavia)

* item 18 (Remarks) – "SOLDIER SERVED IN OPERATION DESERT SPRING/IRAQI FREEDOM FROM 020901 UNTIL 030826"

7.  An email from the Defense Finance and Accounting Service, Indianapolis, IN, dated 9 November 2011, confirmed he received hazardous fire pay (HFP)/
imminent danger pay (IDP) for service in Bosnia/Herzegovina from 17 March through 28 June 2001 and in Kuwait from 24 September 2002 through 7 August 2003.

8.  His records do not contain official orders awarding him the Army Commendation Medal or any additional awards of the Army Achievement Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal 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.

	b.  The Army Achievement Medal 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.

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The area of eligibility (AOE) 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.  There are seven approved campaigns with the Iraq Campaign Medal.

	d.  The Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.

	e.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	f.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the 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 or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	g.  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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service 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.  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; 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.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate. 
The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced individual training.  Item 12f shows the total amount of foreign service completed during the period and for an active duty Soldier, item 18 shows the entry "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Achievement Medal for meritorious service during SFOR 9 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Korea from 1 December 1999 to 30 November 2000.  Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and the Overseas Service Ribbon and should be entitled to correction of his records to show these awards.

3.  The applicant served on active duty from 8 July 1999 to 30 November 2003.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and should be entitled to correction of his records to show this award.

4.  The applicant received HFP/IDP for his service in Bosnia/Herzegovina from 17 March through 28 June 2001.  Although this period of service does not qualify him for award of the Overseas Service Ribbon, he should be entitled to the listing of this deployment service in item 18 of his DD Form 214.

5.  The applicant received HFP/IDP for his service in Kuwait from 24 September 2002 to 7 August 2003.

	a.  There is no evidence he served in direct support of OIF or that he served in Iraq during this period.  Therefore, there is insufficient evidence to support awarding him the Iraq Campaign Medal.

	b.  Nevertheless, his period of service in Kuwait qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his records to show this award.

	c.  Additionally, this period of service qualifies him for award of the Overseas Service Ribbon and correction of his records to show this award as well as the listing of this deployment service in item 18 of his DD Form 214.

6.  With respect to the Army Commendation Medal and any additional awards of the Army Achievement Medal:

	a.  there is no evidence in his record and he did not provide substantiating evidence that shows he was awarded the Army Commendation Medal or any additional awards of the Army Achievement Medal;

	b.  Army Regulation 600-8-22 states that a formal recommendation, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal and the Army Achievement Medal); and

	c.  in the absence of official orders, there is insufficient evidence to correct his record to show the Army Commendation Medal or any additional awards of the Army Achievement 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 is 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:

* adding the following awards to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Korea Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon (2nd Award)

* adding the entries "SERVICE IN BOSNIA FROM 20010317-20010628" and "SERVICE IN KUWAIT FROM 20020924-20030807" to item 18 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 the Iraq Campaign Medal, Army Commendation Medal, or additional awards of the Army Achievement 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)                                         AR20110011043



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ABCMR Record of Proceedings (cont)                                         AR20110011043



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