IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001135 


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:

* His foreign service in Kosovo from April through November 2002
* His foreign service in Iraq from February 2004 through February 2005
* Kosovo Campaign Medal with one bronze service star
* North Atlantic Treaty Organization (NATO) Medal
* Iraq Campaign Medal with two bronze service stars
* Second award of the National Defense Service Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Second award of the Overseas Service Ribbon
* 1st Infantry Division shoulder sleeve insignia for former wartime service (SSI-FWTS)
* Service stripe
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Combat Action Badge

2.  The applicant states his DD Form 214 is missing the awards listed above.  He was under stop loss when he left the Army and was rushed out.  He wrote to the Personnel Records Center and the only paperwork they sent him was for the awards that are already shown on his DD Form 214.  He also states he would like the Iraq Campaign Medal awarded in lieu of the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides his DD Form 214.

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's records show he enlisted in the Regular Army on 23 August 2001 and he held military occupational specialty 13B (Cannon Crewmember).  He was assigned to the 1st Battalion, 7th Field Artillery Regiment, 1st Infantry Division, Germany.  He served in Germany from 11 January 2002 to 31 May 2005.

3.  He was honorably released from active duty on 31 May 2005 in the rank/grade of specialist (SPC)/E-4 and transferred to the U.S. Army Reserve.  He completed 3 years, 9 months, and 8 days of creditable active service with no time lost.

4.  His DD Form 214 shows the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Driver and Mechanic Badge

5.  Item 18 (Remarks) of this form does reflect any deployment to a foreign country.

6.  In an email received from the Defense Finance and Accounting Service (DFAS) on 13 June 2012, a DFAS official confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) for service in Macedonia/Kosovo from 7 May to 14 November 2002, and in Kuwait/Iraq from 12 February 2004 to 12 February 2005.

7.  His record contains:

* Permanent Orders Number 350-13, dated 16 December 2005, issued by Headquarters, 1st Infantry Division, wherein he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy in Iraq on 9 November 2004
* An award certificate, dated 31 March 2005, wherein the 1st Battalion, 7th Field Artillery Regiment, was awarded the Valorous Unit Award for action in Iraq from 12 February 2004 to 15 February 2005 (Department of the Army General Order (DAGO) pending)

8.  There are no orders in his record that show award of the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (1st Award), Expert Marksmanship Qualification Badge with Machine Gun Bar, or the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  His records do not contain a NATO certificate.

9.  His records do not contain a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal. 

10.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Army 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 Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of designated operations.  One bronze service star will be worn for participation in each campaign.  During his service in Kosovo, he participated in the Kosovo Defense Campaign (11 June 1999 to a date to be determined).

	d.  NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  The U. S. Army Human Resource Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

	e.  Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  A review of his records show he participated in two campaigns during his service in Iraq.

	f.  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.

	g.  National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	h.  Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	i.  Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	j.  Overseas Service Ribbon is awarded for successful completion of overseas tours.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a change of station/tour of duty status get credit for a complete short tour.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 prescribes the authority for authorization, periods of authorization, and manner of wear for the SSI-FWTS.  This regulation states one service stripe is authorized for each 3 years of honorable active service.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states in item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Combat Action Badge and his unit was awarded the Valorous Unit Award during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He received HF/IDP for deployment to Macedonia/Kosovo from 7 May to 14 November 2002 and to Kuwait/Iraq from 12 February 2004 to 12 February 2005 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these deployments.

3.  The evidence of record shows he served honorably from 23 August 2001 to 31 May 2005.  He served in Kosovo and Iraq, received the Combat Action Badge, and attained the rank of SPC.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  He served during a qualifying period for award of the Kosovo Campaign Medal with one bronze service star and the Overseas Service Ribbon (2nd Award) for his service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and he participated in two campaigns.  As he requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, he is entitled to correction of his DD Form 214 accordingly. 

6.  With respect to the NATO Medal, there is no certificate in his record and he has not provided a certificate that shows he is entitled to this award.  To request a certificate, he should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

7.  With respect to the second award of the National Defense Service Medal, he did not serve during a qualifying period for a second award of the National Defense Service Medal.  Therefore, he is not entitled to this portion of the requested relief.

8.  With respect to awards of the Army Commendation Medal, Army Achievement Medal, Expert Marksmanship Qualification Badge with Machine Gun Bar, and the Sharpshooter Qualification Badge with Pistol Bar, his record does not contain orders awarding him these awards/badges and he has not submitted evidence that shows he was awarded these awards/badges.  Regrettably, in the absence of official orders, there is insufficient evidence upon which to correct his DD Form 214 to show these awards.

9.  With respect to the SSI-FWTS and the service stripe, the SSI-FWTS and service stripe are items of clothing; they are not awards or decorations and there are no provisions for entering the SSI-FWTS or the service stripe on the DD Form 214.


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:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 August 2001 through 22 August 2004
* Deleting from his DD Form 214 the Overseas Service Ribbon and the Global War on Terrorism Expeditionary Medal
* Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Action Badge
* Kosovo Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon (2nd Award)
* Valorous Unit Award
* Entries "SERVICE IN MACEDONIA/KOSOVO FROM 20020507-20021114" and "SERVICE IN KUWAIT/IRAQ FROM 20040212-20050212"

2.  The Board further determined that 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 the:

* Second award of the National Defense Service Medal
* NATO Medal
* Army Commendation Medal
* Army Achievement Medal
* 1st Infantry Division SSI-FWTS
* Service stripe
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar



      _______ _   _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)                                         AR20120001135





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ABCMR Record of Proceedings (cont)                                         AR20120001135



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