IN THE CASE OF:	  

		BOARD DATE:	    13 March 2012

		DOCKET NUMBER:  AR20110018660 


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 a 2nd award of the Combat Infantryman Badge (CIB) and award of the Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and the Korea Defense Service Medal (KDSM).

2.  The applicant states he meets the requirements for award of the CIB for his tours in Korea on the Demilitarized Zone (DMZ) in 1991.  He goes on to state he is also eligible for the KDSM for his service in Korea, the GWOTSM, and the ICM for his service in Iraq from February to August 2003.  He also states he was awarded the CIB for his service in Iraq.

3.  The applicant provides:

* a self-authored letter, dated 8 September 2011
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* two DA Forms 2166-7 (NCO (Noncommissioned Officer) Evaluation Report) for the period December 1990 through September 1991 and October through December 1991
* his IMJIN Scout Certificate for the period 23 February 1991 to 29 May 1991
* a 1st Battalion, 503rd Infantry Certificate of Achievement for meritorious service on the DMZ during the period 27 August to 1 October 1991


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 requested award of the CIB (1st Award) for his service on the DMZ in Korea in 1991.  Army Regulation 15-185 (ABCMR), paragraph 2-5, section II, the regulation under which this Board operates, states the Board will not consider any application if it determines that individuals have not exhausted all administrative remedies available to them.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides that Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the CIB outlined in paragraph 8–6c, may submit an application (to include supporting documentation) for award of the CIB to the Commander, U.S. Army Human Resources Command (USAHRC), Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  There is no evidence of record and the applicant did not provide any evidence showing he applied for the CIB through USAHRC or that his application was denied by USAHRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 7 March 1984 for a period of
3 years and training as an infantryman.  He completed his one-station unit training (OSUT) at Fort Benning, GA and he remained on active duty through a series of continuous reenlistments.

4.  He served in Korea from 13 December 1990 through 24 December 1991 while assigned to Company A, 1st Battalion, 503rd Infantry Regiment, 2d Infantry Division.

5.  He was promoted to SSG/E-6 on 1 August 1992 and he served in Iraq from 28 February through 31 August 2003.


6.  On 31 March 2004, the applicant was retired by reason of sufficient service for retirement.  he completed 20 years and 24 days of creditable active service.  His DD Form 214 does not show the ICM, GWOTSM, or the KSDM.

7.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the ICM 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 ICM 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 - 31 August 2010)
* New Dawn (1 September 2010 - 31 December 2011)

	b.  the 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 ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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 KDSM 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he should be awarded the ICM, GWOTSM, and the KDSM have been noted and found to have merit.

2.  The applicant served during qualifying periods of service for entitlement to the GWOTSM and the KDSM.  Therefore, he is entitled to the GWOTSM and the KDSM and correction of his DD Form 214 to show these awards.

3.  The applicant also served in Iraq during two campaign phases.  Therefore, he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.

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 adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Korea Defense Service 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)                                         AR20110018660



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018660



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1