IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120004006 


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 two deployments and the following awards:

* Afghanistan Campaign Medal
* Iraq Campaign Medal
* Global War on Terrorism "Campaign" Medal
* Combat Action Badge

2.  The applicant states:

* his deployment and release from active duty took place when the main body of his unit was still deployed to Iraq
* the support was not available to complete his record before he had to leave post
* he mistakenly signed his DD Form 214 on his last day on post
* he had no idea how his DD Form 214 should have read
* there were no resources to advise him except for the private first class clerk pushing the buttons
* the awards to which he refers did not exist at the time they were earned

3.  The applicant provides:

* Representative in Congress letter, dated 25 January 2012
* Self-authored letter to his Representative in Congress, dated 10 January 2012
* Army Board for Correction of Military Records (ABCMR) letter to the applicant, dated 13 September 2006
* Two Sworn Statements
* Orders 123-29-A-1146, dated 2 May 2000
* Two DA Forms 638 (Recommendation for Award)
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* DD Form 214
* Three DA Forms 67-9 (Officer 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 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 requested award of the Combat Action Badge.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

3.  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.  This request must be on a DA Form 4187 (Personnel Action) if the applicant is currently on active duty or in an active status.  If the applicant is not on active duty or in an active status, he may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Officer Record Brief (ORB)
* a copy of the chain of command endorsement (if still in an active status)
* a one-page narrative description of the qualifying incident
* 
a certified copy of the DD Form 214
* other supporting documentation

4.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean the applicant has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit his application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

5.  On 14 May 2000, the applicant accepted an appointment as a second lieutenant (O-1) in the U.S. Army Reserve (USAR) for an indefinite term.  He was ordered to active duty on 3 June 2000.

6.  After completing 4 years of net active service this period, the applicant was honorably released from active duty on 2 June 2004 and was transferred to Headquarters and Headquarters Battery, 1st Battalion, 107th Field Artillery.

7.  Item 12f (Foreign Service) of his DD Form 214 shows he had 0000 years, 00 months, and 00 days of foreign service.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the following awards:

* Army Achievement Medal
* Army Commendation Medal (Third Award)
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge

9.  Item 18 (Remarks) of his DD Form 214 does not show the dates or places of his foreign service.

10.  The applicant provides copies of his OER for the period 2 September 2002 through 30 May 2003 and 31 May 2003 through 30 May 2004, which describes his duties and performance while he was deployed to Iraq in support of Operation Iraqi Freedom.

11.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Afghanistan from 16 January through 8 July 2002 and for service in Kuwait from 28 February through 24 December 2003.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.  It states:

	a.  From the ORB, enter in item 12f the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

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

	a.  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 include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns include Consolidation I which extended from 1 December 2001 through 30 September 2006.

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at the 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 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  During the preparation of his DD Form 214 his foreign service was erroneously omitted.  His DD Form 214 should be amended to show his foreign service.

3.  There is no such award as the Global War on Terrorism "Campaign" Medal.  It is believed that the applicant is actually requesting that the Global War on Terrorism Expeditionary Medal be added on his DD Form 214.  According to the applicable regulation, no service member will be entitled to both the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal for the same act, achievement, or period of service.  The applicant is not entitled to both awards.  Neither award is currently reflected on his DD Form 214; therefore, it would be in the interest of justice to correct it to show he is authorized the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

4.  The applicant served over 9 consecutive months in Iraq, making him eligible for the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.

5.  In view of the foregoing, the applicant's DD Form 214 should be amended to add the Iraq Campaign Medal with two bronze service stars, the Afghanistan Campaign Medal with one bronze service star, and the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 2 June 2004 to add:

* item 12f – 0001 Year(s), 03 Month(s), 19 Day(s)

* item 13 – Iraq Campaign Medal with two bronze service stars, the Afghanistan Campaign Medal with one bronze service star, and the Overseas Service Ribbon

* item 18 – "SERVICE IN KUWAIT/IRAQ FROM 20030228-20031224//SERVICE IN AFGHANISTAN FROM 20020116-20020708"

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 amending his DD Form 214 to show the Global War on Terrorism Expeditionary Medal.




      _______ _   _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)                                         AR20120004006





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ABCMR Record of Proceedings (cont)                                         AR20120004006



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