BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110024159 


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:

* award of the Combat Action Badge
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 December 2003 to show the Iraq Campaign Medal and Combat Action Badge

2.  He states he met the eligibility requirements for these awards that were first authorized after his separation from the military.  He was in country (taken to mean Iraq) from 20 March to 11 June 2003.

3.  He provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* Army Commendation Medal with Valor citation
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) 
  
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 ABCMR operates under the procedures set forth in Army Regulation 
15-185 which provide that the ABCMR will not consider any request until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Therefore, this issue will not be discussed further in these proceedings. 

3.  His military records show he enlisted in the Regular Army on 14 May 1997.  He was awarded the military occupational specialty of 19K (M1 Armor Crewman).  The highest rank/grade he held was staff sergeant/E-6.

4.  He was honorably released from active duty on 6 December 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 6 years, 6 months, and 23 days of active service.

5.  His DD Form 214 for this period does not show the Iraq Campaign Medal or Global War on Terrorism Expeditionary Medal (GWOTEM).  Item 18 (Remarks) does not show service in Iraq.

6.  During the processing of this case the Defense Finance and Accounting Service confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) and Combat Zone Tax Exclusion (CZTE) from 8 January 2003 through 14 July 2003 for Kuwait.

7.  He provided a DA Form 2166-8 for the rating period December 2002 through October 2003.  The form shows his unit of assignment during the rating period was B Company, 2nd Battalion, 69th Armored Regiment, 3d Brigade, 3d Infantry Division.  This form also contains annotations indicating he:

* was recognized by the division commander for valor during Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF) for courage under fire
* executed and supervised presence patrols in Baghdad
* had 21 days of continuous combat operations

8.  He provided a DA Form 638 containing a comment that he displayed courage and lethality in sustained combat.  The period covered by the recommendation for award was 21 March 2003 to 14 April 2003.  This form shows his organization was C Company, Task Force 1st Battalion, 30th Infantry (Mechanized).

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).

10.  His records show he is entitled to an additional award which he did not request and is not shown on his DD Form 214.

11.  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 the 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 fifty 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. 

	a.  This regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. 

	b.  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic AOE, including Kuwait.

12.  Army Regulation 600-8-22 states 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 AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 

13.  The U. S. Army Human Resources Command unit awards web site shows that Department of the Army General Orders 2010-22 awarded the 1st Battalion, 30th Infantry the Presidential Unit Citation for the period 19 March 2003 through 1 May 2003.

14.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
 
DISCUSSION AND CONCLUSIONS:

1.  DFAS records show he received HFP/IDP and CZTE for the period 8 January 2003 through 14 July 2003 for Kuwait indicating he arrived there in January 2003.  Comments on the DA Form 2166-8 and DA Form 638 that he provided indicate he served in combat in Iraq.  He states he served in Iraq from 20 March 2003 to 11 June 2003.

	a.  There is sufficient evidence to show he served during a qualifying period of service (8 January 2003-18 March 2003) that entitles him to the GWOTEM.  As such, he is entitled to have this award added to his DD Form 214.

	b.  There is sufficient evidence to show he served in Iraq for a qualifying period of service (19 March 2003-14 July 2003) that entitles him to the Iraq Campaign Medal and that he participated in two campaigns during this period of service.  Therefore, it would be appropriate to add the Iraq Campaign Medal with two bronze service stars to his DD Form 214.

2.  His records show he served during a qualifying period of service that entitles him to the GWOTSM.  As such, he is entitled to have this award added to his DD Form 214.

3.  Department of the Army General Orders 2010-22 awarded the unit to which he was assigned at the time the Presidential Unit Citation.  As such, it would be appropriate to add this unit award to his DD Form 214.

4.  Evidence shows he deployed to Kuwait/Iraq during the period 8 January 2003 through 14 July 2003.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 by showing he served in Kuwait/Iraq from 8 January 2003 through 14 July 2003.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 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 amending his DD Form 214 for the period ending 6 December 2003 by:

	a.  adding the Iraq Campaign Medal with two bronze service stars, GWOTEM, GWOTSM, and Presidential Unit Citation; and

	b.  adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030108 - 20030714."




      _______ _   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)                                         AR20110024159



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ABCMR Record of Proceedings (cont)                                         AR20110024159



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