IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110022643 


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 all his awards to include any unit awards; specifically, the following:

* "War on Terrorism Medal"
* Iraq Campaign Medal
* Combat Infantryman Badge

2.  The applicant states:

* he was wounded and discharged before he was awarded the "War on Terrorism Medal," Iraq Campaign Medal, and Combat Infantryman Badge
* he served in the Iraq war and deserves the same medals the rest of his unit received
* his three friends died right beside him at Saddam Airport which he relives every day

3.  The applicant provides:

* a letter to his wife from his Congressional representative pertaining to his combat injury, dated 11 April 2003
* Resolution Number 2003-44 from the Board of County Commissioners, Putnam County, FL, dated 13 May 2003, pertaining to his combat injury
* a newspaper article pertaining to his combat injury

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 30 May 2002.  He completed training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  The available records and coordination with the Defense Finance and Accounting Service show the applicant served in Kuwait during the period 26 January through 12 May 2003.

4.  The applicant's DA Form 4980 (Army Commendation Medal Certificate) shows he was awarded the Army Commendation Medal for meritorious service during Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) as a member of the 1st Battalion, 41st Field Artillery.

5.  The applicant's DD Form 214 shows:

	a.  in item 12f (Foreign Service) – 4 months and 3 days

	b.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Purple Heart
* Army Commendation Medal
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

	c.  in item 18 (Remarks) – "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 030123 UNTIL 030525 (23 January 2003-25 May 2003)."

6.  On 23 December 2003, the applicant was discharged under honorable conditions (general) for a physical condition, not a disability.  He completed 1 year, 5 months, and 12 days of active military service with lost time from 12 September 2003 to 23 October 2003.

7.  A review of the unit awards for the 1st Battalion, 41st Field Artillery, shows the unit was awarded the Army Presidential Unit Citation.  This unit award is already listed on the applicant's DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) 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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), 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 GWOTSM.

9.  Army Regulation 600-8-22 states the GWOTEM 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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet other, specified criteria.

10.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who served in direct support of OIF.  The 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The approved campaigns during the applicant's period of foreign service are the Liberation of Iraq (19 March 2003 to 1 May 2003) and the Transition of Iraq (2 May 2003 to 28 June 2004).

11.  Army Regulation 600-8-22, amended by Military Personnel Message 08-190, states the Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/MOS and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fire.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his DD Form 214 to show all of his awards, to include any unit awards, an unspecified "War on Terrorism Medal," the Iraq Campaign Medal, and the Combat Infantryman Badge.

2.  His request was determined to have partial merit.

3.  The applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant served a qualifying period of service for award of the GWOTEM; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The applicant served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The unit to which the applicant was assigned during his deployment in support of OEF/OIF was awarded the Presidential Unit Citation.  This unit award is already listed on his DD Form 214.  Therefore, there is no basis for any additional unit awards.

7.  The applicant was a field artillery Soldier assigned to a field artillery unit.  He did not hold an infantry MOS nor was he assigned to an infantry unit.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

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 his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* GWOTEM
* GWOTSM

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 award of the Combat Infantryman Badge and additional unit awards.



      _____________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)                                         AR20110022643



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ABCMR Record of Proceedings (cont)                                         AR20110022643



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