IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120022173 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Valorous Unit Award (VUA), Iraq Campaign Medal (ICM) with two bronze service stars, Overseas Service Ribbon (OSR), and Combat Action Badge (CAB).

2.  The applicant states his DD Form 214 does not show all of the awards and decorations that he is entitled to.

   a.   He served honorably on active during the period 26 March 2001 to 
25 March 2004 and qualified for a second award of the AGCM.  However, due to an administrative oversight, he did not receive the award.

   b.  He was assigned to the 3rd Armored Cavalry Regiment (ACR) and the unit was awarded the VUA for actions in Iraq from 25 April to 18 September 2003.

   c.  He qualified for award of the ICM with two bronze service stars for service in Iraq from April 2003 to April 2004 during the Liberation of Iraq and Transition of Iraq campaigns.  He realizes that, if the ICM is approved, his award of the Global War on Terrorism Expeditionary Medal (GWOTEM) will be deleted from his records.

   d.  He qualified for award of the OSR for his service in Iraq.

   e.  He was awarded the Army Commendation Medal (ARCOM) with "V" Device for valor for actions in Iraq on 30 May 2003.  He believes his actions on that date qualify him for retroactive award of the CAB.

   f.  He adds he just recently learned from a veterans' service representative of the process for correcting his DD Form 214.

3.  The applicant provides copies of his:

* DD Form 214
* Enlisted Record Brief
* deployment orders
* unit award documents
* ARCOM documents (three awards)

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 (RA) on 26 March 1998 for a period of 4 years.

3.  Headquarters, 24th Infantry Division (Mechanized), Fort Riley, KS, Permanent Orders (PO) 123-00016, dated 3 May 2001, awarded the applicant the AGCM (1st Award) for the period of service from 26 March 1998 to 25 March 2001.

4.  The applicant reenlisted in the RA on 2 August 2001 and he was promoted to sergeant (SGT)/pay grade E-5 on 1 June 2004.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 1 August 2004.  He completed 6 years, 4 months, and 6 days of net active service during this period that included 1 year, 5 months, and 1 day of foreign service.
	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* Driver and Mechanic Badge with Driver Component Bar
* two Overseas Service Bars

	b.  Item 18 (Remarks) shows he served in:

* Kuwait from 4 April 2003 through “24 April 2004”
* Iraq from 24 April 2003 through 3 April 2004

   c.  Item 18 also shows his inclusive dates of service in an imminent danger pay area for contingency operations in Kuwait and Iraq were from 4 April 2003 through 3 April 2004.

6.  The applicant provides the following documents in support of his request:

    a.  Headquarters, 7th Infantry Division, Fort Carson, CO, Permanent Orders (PO) 036-04, dated 5 February 2003, that directed the attachment and temporary change of station of the 2nd Squadron, 3rd ACR to U.S. Army Forces Command (Kuwait) effective 24 February 2003.

   b.  U.S. Army Human Resources Command (HRC), Alexandria, VA, PO 232-02, dated 19 August 2008, VUA Certificate and Citation, and HRC memorandum (undated) that show the VUA was awarded to the 3rd ACR for the period 25 April to 18 September 2003.

   c.  Three DA Forms 638 (Recommendations for Award) and three DA Forms 4980-14 (ARCOM Certificates) that show Headquarters, 3rd ACR, POs awarded the applicant the following awards:
   
* PO 363-08, dated 29 December 2003 - the ARCOM with "V" Device (2nd Award) for valorous actions in Iraq during Operation Iraqi Freedom (OIF) on 30 May 2003
* at a Traffic Control Point (TCP) on the east side of enemy personnel crashed into the TCP with a truck and opened fire; the applicant returned fire that resulted in the capture of two enemy personnel and two enemy dead
* while on patrol on the west side of Fallujah a sniper engaged the patrol; the applicant contributed to the capture of 10 prisoners

* PO 006-87, dated 6 January 2004 - the ARCOM (3rd Award) for meritorious service as a Bradley Fighting Vehicle System mechanic during the period 4 April 2003 to 4 April 2004
* PO 181-028, dated 29 June 2004 - the ARCOM (4th Award) for meritorious service while assigned to G Troop, 2nd Squadron, 
3rd ACR, during the period 1 February 2002 to 15 August 2004

7.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the AGCM (2nd Award).  This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM (2nd Award). 

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  A DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decoration and Campaigns) that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar and First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar.

10.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm the specific dates for his service in Kuwait and in Iraq and to affirm that he desired award of the GWOTEM in lieu of the ICM for his service in support of OIF.  In response, the applicant confirmed that he deployed to Kuwait on 3 April 2003, arrived in Iraq on 24 April 2003, and he redeployed to the United States on 4 April 2004.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (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.  

	b.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(1)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  The applicant served in Iraq during the following campaigns:

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

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

       (3)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	c.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	d.  According to the HRC, Military Awards Branch, 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 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

	e.  The requirements for award of the CAB are branch and military occupational specialty 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 CAB.  However, it is not intended to award the CAB 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.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.

	f.  The AGCM 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 AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Kuwait from 4 April through 23 April 2003 and in Iraq from 24 April 2003 through 3 April 2004.  This service in support of the GWOT qualified him for award of the GWOTEM.

   a.  The evidence of record also shows the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq from 24 April 2003 through 3 April 2004.  However, the applicant's 20 consecutive days of service in Kuwait (from 4 April through 23 April 2003) does not qualify him for a separate award of the GWOTEM.

	b.  In his request, the applicant requests award of the ICM.  Thus, he should be awarded the ICM in lieu of the GWOTEM.  

   c.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.
   
   d.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.  It would also be appropriate to correct the typographic error in item 18 of his DD Form 214 relating to the period of his service in Kuwait.

2.  The applicant qualified for award of the OSR based on his overseas service in Iraq from 24 April 2003 to 4 April 2004.

3.  Permanent orders awarded the applicant's unit the VUA.

4.  Permanent orders awarded the applicant the ARCOM with "V" Device for his valorous actions on 30 May 2003.  His actions met the requirements for the CAB.  Therefore, his records should be corrected to show award of the CAB.

5.  Records show the applicant was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

6.  The applicant served a period of continuous honorable active duty enlisted service from 26 March 2001 through 25 March 2004.

   a.  He received three awards of the ARCOM; one for valor and two for meritorious service during the period 1 February 2002 through 25 March 2004.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the second award of the AGCM.
   
   c.  He was promoted to sergeant (E-5) on 1 June 2004.

	d.  Therefore, based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (2nd Award) for the period 26 March 2001 through 25 March 2004.

7.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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.  awarding him the AGCM (2nd Award) for the period 26 March 2001 to
25 March 2004 (Standard Name Line (SNL):  SGT  G Troop, 2nd Squadron, 
3rd Armored Cavalry Regiment, Fort Carson, CO  80913;

   b.  awarding him the CAB for actions on 30 May 2003 (same SNL as above);

   c.  deleting from item 13 of his DD Form 214 the:
   
* Army Commendation Medal (4th Award)
* Army Good Conduct Medal
* Global War on Terrorism Expeditionary Medal

   d.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal with "V" Device (4th Award)
* Army Good Conduct Medal (2nd Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
* Valorous Unit Award
* Combat Action Badge
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
   
   e.  deleting from item 18 of his DD Form 214 the entry: "SERVICE IN KUWAIT FROM 20030404-20040424"; and

   f.  adding to item 18 of his DD Form 214 the entry: "SERVICE IN KUWAIT FROM 20030404-20030423."




      ____________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)                                         AR20120022173



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ABCMR Record of Proceedings (cont)                                         AR20120022173



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