BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130008527 


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, award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 15 January 2004, to show the:

* Armed Forces Expeditionary Medal
* Combat Action Record (i.e., Badge)
* any other awards he is entitled to for his service Iraq/Kuwait

2.  The applicant states his DD Form 214 only remarks that he served in Iraq and Kuwait, but does not show any of the awards that he should have received when he returned from Iraq.  His service in Iraq should be justification enough for the award of those medals.  He was assigned to the 3rd Platoon, 547th Transportation Company, Washington, D.C. Army National Guard (DCARNG).  His platoon was awarded the Combat Action Ribbon (i.e., Badge).  He discovered the error when applying for membership with the Veterans of Foreign Wars. 

3.  The applicant provides no additional evidence.

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.  With respect to the Combat Action Badge, this badge is not a group/unit badge; it is an individual award.  The Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and military occupational specialty (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.  

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  With respect to the Combat Action Ribbon: 

	a.  The Combat Action Ribbon is a personal military decoration of the U.S. Navy (USN), U.S. Marine Corps (USMC), and the U.S. Coast Guard (USCG) which is awarded to those who, in any grade below that of Captain in the USN and USCG or Colonel in the USMC, have actively participated in ground or surface combat.  Army personnel who earned the Combat Infantryman Badge or the Combat Medical Badge may be authorized to wear the Combat Action Ribbon as a member of the USN, USMC, or USCG.  

	b.  Therefore, the issue of the Combat Action Ribbon will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the DCARNG on 24 February 1988.  He entered active duty for training on 10 March 1988.  He completed training and was awarded MOS 77W (water treatment specialist).  He was released from active duty on 14 July 1988.  His DD Form 214 lists the Army Service Ribbon.

5.  He again entered active duty on 16 January 2003 in support of Operation Enduring Freedom.  He served in MOS 88M (motor transport operator).  He served in Iraq/Kuwait from 10 April 2003 through 17 July 2003.

6.  He was released from active duty on 15 January 2004.  His DD Form 214 lists the:

* Armed Forces Reserve Medal with “M” Device
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  He was honorably discharged from the DCARNG on 20 March 2011.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation states:

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010-31 December 2011)

	c.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons 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.

   d.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed qualifying period of service for award of Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.  (The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.)  He is therefore entitled to correction of his DD Form 214, ending on 15 January 2004, to show these awards.

2.  With respect to award of the Armed Forces Expeditionary Medal, the evidence of record does not show he met the criteria for award of the Armed Forces Expeditionary Medal during the period of his active duty service.  Therefore, there is insufficient evidence on which to base an award of the Armed Forces Expeditionary Medal in this case and its addition to his 2004 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 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 adding to his DD Form 214 ending on 15 January 2004 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.

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 awarding him the Armed Forces Expeditionary Medal or its addition to his 2004 DD Form 214.




      __________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)                                         AR20130008527





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ABCMR Record of Proceedings (cont)                                         AR20130008527



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