IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110012250 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Combat Infantryman Badge and all other awards he earned while deployed to Iraq.

2.  The applicant states he earned these awards and never received them.

3.  The applicant provides Permanent Orders Number 229-39, issued by Headquarters, 4th Infantry Division (Mechanized), Tikrit, Iraq, dated 17 August 2003.

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 enlisted in the Regular Army on 4 January 2001 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 11C (Indirect Fire Infantryman). 

3.  Permanent Orders Number 227-02, issued by 1st Battalion (Mechanized), 
9th Infantry Regiment, Korea, on 15 August 2002 awarded him the Army Achievement Medal for meritorious service for the period 1 September 2001 to 14 September 2002.

4.  Permanent Orders Number 255-16, issued by the same organization, on 
12 September 2002 awarded him the Army Achievement Medal for meritorious achievement for the period 13 August 2002 to 4 September 2002.

5.  Permanent Orders Number 229-39, issued by Headquarters, 4th Infantry Division (Mechanized), Iraq on 17 August 2003 awarded him the Combat Infantryman Badge for participating in ground combat operations under enemy hostile fire to liberate Iraq on 6 April 2003.  He was assigned to the 1st Squadron, 10th Cavalry Regiment.

6.  On 3 January 2004, he was honorably released from active duty after completing 3 years of creditable active service.  His DD Form 214 shows in:

* item 12 (Record of Service), block f (Foreign Service):  1 year, 0 months, and 0 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, National Defense Service Medal, and Army Service Ribbon
* item 18 (Remarks) – no service in a hazardous fire pay(HFP)/imminent danger pay (IDP) area

7.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Defense Finance and Accounting System records show he received HFP/IDP from 1 April 2003 through 15 September 2003 for Kuwait.

9.  Records at the Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia, show the 1st Squadron, 10th Cavalry, was awarded the Valorous Unit Award for the period from 24 April 2003 to 22 March 2004.



10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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 are:

* Liberation of Iraq (19 March 2003-1 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-date to be determined)

   b.  The Global War on Terrorism Service Medal (GWOTSM) 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 GWOTSM.
   
	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility (AOE) for 30 consecutive or for 60 nonconsecutive days.

   d.  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.
   
	e.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In part, it directs that 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.  DFAS records indicate he received HFP/IDP from 1 April 2003 through 
15 September 2003 for Kuwait; however, during this period he would likely have been processed into the theater of operations through Kuwait, which is why DFAS records show special pay for that country.

2.  Nevertheless, his DFAS record combined with the award of the Combat Infantryman Badge while assigned to a unit in Iraq is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served a tour of duty in Kuwait/Iraq.

3.  The evidence of record shows he served in Kuwait/Iraq from 1 April 2003 through 15 September 2003 during two campaigns.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars.

4.  Records show he served in Korea from 1 September 2001 to 14 September 2002 and that he was credited with 1 year of foreign service during that period which qualifies him for award of the KDSM.

5.  Permanent orders awarded him the Combat Infantryman Badge and two awards of the Army Achievement Medal.

6.  The evidence of record shows he served a qualifying period for award of the GWOTSM.

7.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  There is no evidence of record which shows he was 

disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for his honorable period of service from 
4 January 2001 through 3 January 2004.

8.  The available evidence shows his unit in Iraq was awarded the Valorous Unit Award during his period of assignment.

9.  In view of the above, these awards and his foreign service credit should be listed on his DD Form 214.

BOARD VOTE:

_____X__  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
4 January 2001 through 3 January 2004,

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

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (2nd Award)
* Combat Infantryman Badge
* Korea Defense Service Medal
* Valorous Unit Award
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal




   c.  amend:  
   
* Item 12f of his DD Form 214 to read:   "01  05  15" to show his service in Korea and Kuwait/Iraq
* Item 18 to include the entry “SERVICE IN KUWAIT/IRAQ FROM 20030401 - 20030915”



      _______ _   ___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)                                         AR20110012250





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ABCMR Record of Proceedings (cont)                                         AR20110012250



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