IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20110024538 


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:

	a.  award of the Iraq Campaign Medal, Combat Action Badge, and a second award of the Army Commendation Medal; and

   b.  foreign service in Iraq. 

2.  The applicant states:

	a.  his unit was assigned customs inspection duty in Kuwait between May and December of 2003, in Mosul, Iraq for 2 months followed by 2 months in Al Assad, Iraq.  From May through August 2004, his unit was assigned to Camp Buehring, Kuwait to provide convoy security to and from Bagdad Airport.  These assignments warrant the denotation of foreign service in Iraq as well as Kuwait;

	b.  he is entitled to award of the Combat Action Badge due to direct engagement with the enemy during convoy missions in Iraq as noted on his recommendation for the Army Commendation Medal;

	c.  although he received his second Army Commendation Medal several months after he was demobilized it should be included on his DD Form 214; and 

	d.  his service in Iraq with the 375th Transportation Group warrants award of the Iraq Campaign Medal.
3.  The applicant provides copies of his DD Form 214 and recommendations for two awards of the Army Commendation Medal with the award certificates.

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, an Army National Guard (ARNG) staff sergeant, was mobilized in support of Operation Enduring Freedom on 28 January 2003.

3.  He deployed with the 1775th Military Police Company, 375th Transportation Group and was assigned to Camp Arifjan, Kuwait, effective 9 May 2003.  The record does not contain any other documentation of his assignments during his period of mobilization.

4.  The applicant was awarded two Army Commendation Medals for meritorious service covering the periods 28 January through 31 October 2003 and 27 November 2003 through 7 August 2004. 

5.  The recommendation for his second Army Commendation Medal includes a justification for the award that states the applicant's actions and direction during an improvised explosive device (IED), rocket propelled grenade (RPG), and small arms attack were instrumental in ensuring that injury to friendly forces or fratricide did not occur. 

6.  The applicant was released from active duty on 21 September 2004.  His DD Form 214 shows he served in Kuwait from 9 May 2003 through 4 August 2004.  The applicant's awards include the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and one award of the Army Commendation Medal.  It does not show award of the Iraq Campaign Medal. 


7.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  This regulation also provides that:

	b.  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 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns during the period of the applicant's mobilization are the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005). 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that item 
18 (Remarks) is used for Headquarters, Department of the Army mandatory entries including for active duty Soldiers deployed with their unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)." 



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Army Commendation Medals, but his DD Form 214 does not include his second award of this medal.  

2.  The applicant's Army Commendation Medal recommendation shows he served in Iraq and performed properly under hostile fire.  This evidence is sufficient to validate his statements and shows his entitlement to award of the Iraq Campaign Medal and the Combat Action Badge.

3.  Considering the available evidence it would be reasonable to accept the applicant's statements concerning his period of service in Iraq for determining award of two bronze service stars for wear on the Iraq Campaign Medal.

4.  The applicant is not authorized award of both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same period.  Since it cannot be determined specifically when he served in which country and he has specifically requested award of the Iraq Campaign Medal it would be appropriate to replace the Global War on Terrorism Expeditionary Medal with the Iraq Campaign Medal.

5.  Therefore, based on the above facts and finding it would be appropriate to:

	a.  delete from item 18 on the DD Form 214 for the period ending                 21 September 2004 the entry "SERVED IN KUWAIT 20030509-20040804" and add "SERVED IN KUWAIT/IRAQ 20030509-20040804";

	b.  delete from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons) on the DD Form 214 for the period ending 21 September 2004 the Army Commendation Medal and Global War on Terrorism Expeditionary Medal; 

	c.  award the applicant the Combat Action Badge for action during the period November 2003 – August 2004; and

	d.  add the Army Commendation Medal (2nd award), Iraq Campaign Medal with two bronze service stars, and Combat Action Badge to his DD Form 214 for the period ending 21 September 2004.





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.  deleting from item 18 of the DD Form 214 for the period ending               21 September 2004 the entry "SERVED IN KUWAIT 20030509-20040804" and adding "SERVED IN KUWAIT/IRAQ  20030509-20040804";

	b.  deleting from item 13 of the DD Form 214 for the period ending                21 September 2004 the Army Commendation Medal and the Global War on Terrorism Expeditionary Medal; 

	c.  awarding him the Combat Action Badge for action during the period November 2003 – August 2004; and

	d.  adding to item 13 of the DD Form 214 for the period ending 21 September 2004 the Army Commendation Medal (2nd Award), Iraq Campaign Medal with two bronze service stars, and the Combat Action Badge.



      _______ _   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)                                         AR20110024538



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ABCMR Record of Proceedings (cont)                                         AR20110024538



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