IN THE CASE OF:	   

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017101 


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:

	a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq for 451 days with the 501st Military Intelligence (MI) Battalion; and 

	b.  award of the Combat Action Badge, Iraq Campaign Medal with three campaign stars, Global War on Terrorism Expeditionary Medal, and Army Achievement Medal.

2.  The applicant states:

* after he returned from Iraq, he was released from stop loss, processed immediately, and began transition leave
* they told him his overseas service on his DD Form 214 covers Germany and Iraq; it does not 
* he deployed to Iraq from Germany with his unit and he was in Baghdad for 451 days from 26 April 2003 to 21 July 2004
* he included a stressor letter for review for award of the Combat Action Badge 

3.  The applicant provides:

* DD Form 214, ending on 15 November 2004
* Self-authored stressor letter 
* Unit deployment and temporary change of station (TCS) orders 
* Oath of Extension of Enlistment
* Separation orders
* Leave and Earnings Statements 
* Front page of DA Form 638 (Recommendation for Award) (Army Achievement Medal)
* DA Form 638, award of the Army Commendation Medal
* Memorandum, subject: Recognition for Service in Support of Operation Iraqi Freedom (OIF)
* Post-Deployment Health Assessment
* Service Member Deployability History Outprocessing Verification 
* Travel vouchers and other financial documents 

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, the applicant's request is premature.  Prior to applying to this Board, the applicant must exhaust his administrative remedy through the U.S. Army Human Resources Command.  The applicant may apply for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: Veteran Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743.  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

3.  The applicant's record show he enlisted in the Regular Army for a 4-year term on 28 June 2000.  He was trained in, awarded, and held military occupational specialty 96H (Ground Station Operator). 

4.  He served in Germany from on or about 10 May 2002 to on or about 25 August 2004.  He was assigned to Headquarters and Headquarters Company, 501st MI Battalion. 

5.  In April 2004, Headquarters, 1st Armored Division published orders ordering the 501st MI Battalion to deploy from Germany to Kuwait/Iraq in support of OIF, beginning on or about 26 April 2003.

6.  On 26 February 2004, while in Iraq, the applicant executed a 1-month extension of his 4-year enlistment contract.

7.  On 2 August 2004, the Wiesbaden Transition Center, Germany, published Orders 215-004 ordering the applicant's reassignment to the transition center on or about 25 August 2004 for separation processing effective 15 November 2004. The orders authorized him 83 days of transition leave.

8.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 15 November 2004.   He completed 4 years, 4 months, and 18 days of net active service this period with no lost time.  His DD Form 214 shows in:

* Item 12f (Foreign Service) – 2 years, 6 months, and 7 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Global War on Terrorism Service Medal 
* Item 18 (Remarks) no entry indicating service in a hostile file pay/imminent danger pay (HFP/IDP) or combat zone tax exclusion (CZTE)

9.  The Defense Finance and Accounting Service confirmed be email, dated 15 October 2014, the applicant received HF/IDP and CZTE:

* from 4 May 2003 to 31 January 2004, for service in Kuwait
* from 1 February 2004 to 31 July 2004, for service in Iraq




10.  He provides: 

	a.  A statement, dated 10 November 2014, addressed to the Department of Veterans Affairs in relation to his stressors.  He indicated he arrived in Kuwait on 26 April 2003 and immediately proceeded to Baghdad for the duration of his combat tour that ended on 21 July 2004.

	b.  Multiple assignment, reassignment, and separation orders, as well as multiple Leave and Earnings Statements confirming receipt of HFP/IDP. 

	c.  The Front page of a DA Form 638, undated, showing his team leader recommended him for award of the Army Achievement Medal for service from 10 May 2002 to 27 June 2004.  It is unclear if his chain of command recommended approval, if the approval authority approved this award, or, if approved, it was announced in orders. 

	d.  A DA Form 638, dated 6 December 2003, awarding him the Army Commendation Medal for meritorious achievement from 4 May 2003 to 22 April 2004, by authority of Permanent Orders 078-060, issued by Headquarters, Engineer Brigade, 1st Armored Division, dated 30 March 2004.

	e.  A memorandum issued by the Commanding General, 1st Armored Division, on 19 June 2004, subject: Recognition for Service in Support of OIF.  This memorandum authorizes award of the Global War on Terrorism Expeditionary Medal. 

	f.  Post-deployment Health Assessment indicating he deployed on 5 May 2003 and returned on 5 May 2004. 

	g.  Service Member Deployability History Outprocessing Verification, dated 10 August 2004, showing he deployed to a named operation from 4 May 2003 to 22 July 2004. 

	h.  Post-Deployment Health Assessment indicating he deployed from 3 May 2003 to 30 July 2004. 

	i.  Multiple travel vouchers and other financial documents.





11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

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

	a.  The Army Achievement Medal is awarded to members 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.

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism 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 fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

	c.  Service members 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 Iraq Campaign Medal is awarded to members who served in direct support of 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 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 to 31 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 28 June 2000 to 15 November 2004. During this period, he was stationed in Germany from on or about 10 May 2002 to on or about 25 August 2004.  He took 83 days of transition leave and he was separated on 15 November 2004.  He completed 2 years, 6 months, and 27 days of foreign service which is properly annotated in item 12f of his DD Form 214. 

2.  With respect to his combat service:

	a.  During his service in Germany, he deployed to Kuwait/Iraq.  He provides multiple source documents confirming his service in support of OIF from on or about 4 May 2003 to on or about 31 July 2004.  These dates are consistent with his DFAS pay records which show he received IDP/HFP during this period.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show he served in Kuwait/Iraq during this period.

	b.  His DFAS pay records further breakdown his combat service between Kuwait and Iraq.  DFAS shows the applicant received HF/IDP and CZTE from 4 May 2003 to 31 January 2004, for service in Kuwait, and from 1 February 2004 to 31 July 2004, for service in Iraq.

	c.  Based on his service in Kuwait from 4 May 2003 to 31 January 2004, he is entitled to award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award. 

	d.  Based on his service in Iraq from 1 February 2004 to 31 July 2004, he is entitled to award of the Iraq Campaign Medal.  Additionally, during his period of service in Iraq, campaign participation credit was awarded for two, not three campaigns (Transition of Iraq, 2 May 2003-28 June 2004, and Iraqi Governance 29 June 2004-15 December 2005).  Therefore, he is also entitled to award of two (not three) bronze service stars with the Iraq Campaign Medal correction of his DD Form 214 to show this award.

3.  With respect to the Army Achievement Medal, 

	a.  He provides the front page of a DA Form 638, undated, showing his team leader recommended him for award of the Army Achievement Medal for service from 10 May 2002 to 27 June 2004.  It is unclear if his chain of command recommended approval, if the approval authority approved this award, or, if approved, it was announced in orders.

	b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.  In the absence of the back page confirming this award was approved and announced in orders, there is insufficient evidence to add it to his 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 item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with two bronze service stars 
* adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20030504-20040731"
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 Army Achievement Medal and a third bronze service star with the Iraq Campaign 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)                                         AR20140017101





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ABCMR Record of Proceedings (cont)                                         AR20140017101



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