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ARMY | BCMR | CY2013 | 20130014243
Original file (20130014243.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014243 


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 Combat Action Badge, the issuance of all awards he is entitled to, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Iraq Campaign Medal
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Combat Action Badge
* any unit awards for his service in Iraq while assigned to the 47th Forward Support Battalion (FSB) or attached to the 40th Engineer Battalion

2.  The applicant states he would prefer to be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He served in Iraq from 29 April to 30 August 2003 with the 47th FSB and when he left Iraq, he returned to Germany.  He was under stop-loss while in Iraq and his unit was running on a skeleton crew in Germany.  Many Soldiers were out-processing at the same time and he understands many records may be inaccurate.  He does not believe the Combat Action Badge existed when he was in the Army but requests his unit records be checked to see if he may be eligible for it retroactively.

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.  With respect to 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.  The applicant enlisted in the Regular Army on 8 June 2000 and he held military occupational specialty 62B (Construction Equipment Repairer).  On 8 December 2000, he was assigned to the 47th Combat Support Battalion, Germany.  On 1 June 2003, he was promoted to the rank/grade of specialist (SPC)/E-4.
4.  He was honorably released form active duty on 30 November 2003 and he was transferred to the U.S. Army Reserve.  He completed 3 years, 5 months, and 23 days of creditable active service with no lost time.  

5.  Item 12f (Foreign Service) of the DD Form 214 he was issued contains the entry "2 years, 11 months, and 24 days."

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon 
* North Atlantic Treaty Organization (NATO) Medal
* Drive and Mechanic Badge
* Kosovo Campaign Medal

7.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 29 April to 30 August 2003 [while assigned to the 47th FSB] and that he was fully eligible to reenlist when he was released from active duty.  It also shows he was retained in the service for 169 days for the convenience of the Government.  

8.  The dates of his service in Kosovo are not shown in item 18 of his DD Form 214.

9.  His records do not contain orders awarding him the Army Good Conduct Medal (1st Award).

10.  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.  

11.  On 12 April 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant served in Macedonia/Kosovo from 9 January to 29 May 2001.

12.  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.  A review of his records show he participated in one campaign during his service in Kosovo.

	d.  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 record shows the applicant participated in two campaigns during his service in Iraq.

	e.  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.

	f.  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.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days are authorized the Global War on Terrorism Service Medal.  

13.  A review of the U.S. Army Human Resources Command website does not show the 47th FSB was cited for any unit awards during the applicant's period of service in Iraq.  In order to be authorized permanent wear of a unit award a Soldier must be assigned to unit and not just on attachment orders.

14.  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 states, in part, 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 confirms the applicant served on active duty during a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  The evidence of record shows he served honorably during the period 8 June 2000 and 7 June 2003.  He served in Kosovo and Iraq and was promoted to the rank of SPC on 1 June 2003.  His record is void of any derogatory information or a commander's disqualification 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 DD Form 214 to show this award.

3.  He requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal and during his service in Iraq he participated in two campaigns.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 accordingly.

4.  A DFAS official verified he served in Kosovo from 9 January to 29 May 2001 which is not shown on his DD Form 214.  Therefore, his is entitled to correction of his DD Form 214 to show his foreign service in Kosovo.  

5.  His record confirms during his service in Kosovo he participated in one campaign.  Therefore, his is entitled to one bronze service star for wear on his already-awarded Kosovo Campaign Medal and correction of his DD Form 214 accordingly.  




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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 June 2000 through 7 June 2003
* deleting from item 13 of his DD Form 214 the Kosovo Campaign Medal
* adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Kosovo Campaign Medal with one bronze service star

* adding to item 18 of his DD Form 214 the entry "SERVICE IN KOSOVO FROM 20010109-20010529"





      _______ _ 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)                                         AR20130014243





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130014243



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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