BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110020787 


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 that his records be corrected to show his service in Iraq and by awarding him the appropriate awards, medals, and decorations for this period.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show his service in Iraq or any awards for this period of service.  He was unable to apply earlier due to serving in Iraq as a civilian.

3.  The applicant provides a 2006 Board application with administrative closure packet, orders deploying the applicant's unit with attached personnel list, an Army Commendation Medal certificate with its recommendation and orders, orders for the Driver and Mechanic Badge, and four letters from fellow Soldiers attesting to the applicant's deployment and service in Iraq.

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 served on active duty in the Regular Army from 7 June 2000 through 30 June 2004 as a Light Wheeled Vehicle Mechanic with principal assignment to the 4th Military Police Company, 4th Infantry Division at Fort Hood, Texas.

3.  4th Infantry Division (Fort Hood, Texas) Orders Number 029-013, dated 28 January 2003, ordered the 4th Military Police Company to proceed on temporary change of station orders to deploy to Iraq.  The attached personnel list includes the applicant's name.

4.  4th Infantry Division Support Command (Camp Speicher, Iraq) Permanent Orders Number 317-01, dated 13 November 2003, awarded the applicant the "Mechanics Badge."

5.  4th Infantry Division Orders (Camp Speicher, Iraq) Number 355-10, dated 28 January 2004, awarded the applicant the Army Commendation Medal for his service in support of Operation Iraqi Freedom.  The DA Form 638 (Recommendation for Award) shows a prior award of the Army Achievement Medal.

6.  His DD Form 214 shows at 

	a.  item 4 (Grade, Rate, or Rank and Pay Grade), corporal, E-4;

	b.  item 12f (Foreign Service), 00 00 00; 

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), award of the Army Lapel Button, Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, and the Army Service Ribbon; and

	d.  item 18 (Remarks), no indication of deployment to an area of hostile fire or imminent danger.  

7.  The applicant's Official Military Personnel File does not contain any orders or other information related to any of the applicant’s awards or decorations. 

8.  A review of the applicant's pay records shows Hazardous Fire/Imminent Danger pay from 20 April 2003 through 16 March 2004. 

9.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

10.  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 establishes standardized policy for preparing and distributing the DD Form 214 and states at:

	a.  item 12f, is the total amount of foreign service completed during the period covered in block 12c (Net Service This Period); and

	b.  item 18, is used for mandatory requirements when a separate block is not available, and as a continuation for entries in items 11, 13, and 14.  For a Soldier on active duty deployed to a foreign country with his or her unit during their continuous period of active service include "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the 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 active Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond;

	b.  the Iraq Campaign Medal is awarded to service 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.  Under no condition will personnel receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service; 

	c.  a bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign.  Based on the applicant's dates of service in Iraq, he participated in two campaigns: the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004);

	d.  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; and

	e.  the Driver and Mechanic Badge with a component bar.  The authorized component bars are for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

12.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve an 11 cumulative month period or 9 continuous months in Iraq or Afghanistan get credit for a completed short tour and are entitled to the Overseas Service Ribbon. 

13.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his personal decorations, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 7 June 2000 through 6 June 2003.

2.  The applicant served on active duty during the period of eligibility for award of the Global War on Terrorism Service Medal; however, there is no indication he was awarded this medal.  

3.  The applicant served in Iraq during the requisite period for award of the Iraq Campaign Medal and for a period covered by two campaign periods.  There is no indication he was awarded the Iraq Campaign Medal with two bronze service stars.

4.  The applicant served in Iraq during the requisite period for award the Overseas Service Ribbon; however, there is no indication he was awarded this award.

5.  The orders for the applicant's award of the Driver and Mechanic Badge do not properly identify this badge and it was not included on his DD Form 214.  The proper designation is the Driver and Mechanic Badge with Mechanic Bar.

6.  It is appropriate to correct the applicant's DD Form 214 to show at:

	a.  item 12f, 00 10 26;

	b.  item 13, in addition to the awards listed, award of the Good Conduct Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar; and 

	c.  item 18, "SERVICE IN IRAQ FROM 20030420 – 20040316."  

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:

	a.  awarding the applicant the Good Conduct Medal (1st award) for the period 7 June 2000 through 6 June 2003;

	b.  correcting his DD Form 214 to show at:

		(1)  item 12f, 00 10 26;

		(2)  item 13, in addition to the awards listed, award of the Good Conduct Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, and the Driver and Mechanic Badge with Mechanic Bar; 

     c.  issuing him the above awards; and

	d.  item 18, "SERVICE IN IRAQ FROM 20030420 – 20040316." 



      _______ _ 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)                                         AR20110020787





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ABCMR Record of Proceedings (cont)                                         AR20110020787



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