IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140020086 


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 the Combat Action Badge (CAB), Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS), Overseas Service Bar (OSB), and all campaign and military medals issued for Operation Iraqi Freedom (OIF).   

2.  The applicant states he should be awarded the CAB because his vehicle was hit by an improvised explosive device while he was engaged with enemy forces.  He and his crew were taken out of commission.  All he remembered was being evacuated to a hospital in Baghdad.  He was released from active duty (REFRAD) before the requested awards were awarded.      

3.  The applicant provides:

* orders
* 2 DA Forms 638 (Recommendation for Award)
* 2 DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* memorandum for record (MFR), issued by Headquarters, 18th Military Police (MP) Brigade, dated 15 November 2003
* Army Achievement Medal (AAM) Certificate
* Army Commendation Medal (ARCOM) Certificate
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* Standard Form 600 (Chronological Record of Medical Care)


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.  In reference to applicant's request for the CAB, prior to applying to this Board, he must exhaust his administrative remedy by applying for retroactive award of the CAB to the Commander, U.S. Army Human Resources Command, ATTN: Veteran Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743.  The CAB may be requested by letter and the request must be supported by the following:

* Assignment, attachment, or operational control orders
* The Soldier's Enlisted Record Brief
* The chain of command’s endorsement
* A one-page narrative description of the qualifying incident
* A certified copy of the DD Form 214
* Any other supporting documentation

3.  In view of the foregoing, the CAB will not be addressed further in these proceedings.

4.  The applicant enlisted in the Regular Army on 25 September 1997.  On        24 September 2000, he was REFRAD due to completion of required active service and transferred to the U.S. Army Reserve (USAR). He completed 3 years of net active service this period.  

5.  The DD Form 214 issued to him at that time showed he was awarded or authorized the Army Service Ribbon (ASR) and the Marksman Marksmanship Qualification Badge with Rifle Bar, Pistol Bar, and Grenade Bar.

6.  Permanent Order (PO) Number 278-001, issued by the Law Enforcement Command, Fort Sill, OK, dated 4 October 2000, awarded him the AAM for meritorious service while serving as a 911 dispatcher for the military police (MP). 7.  A DA Form 638, dated 18 September 2000, shows this award was for the period 11 February 1998 through 11 September 2000. 

8.  Subsequent to his REFRAD he enlisted in the USAR.  He was ordered to active duty in support of Operation Enduring Freedom (OEF).  He entered active duty on 7 February 2003.  

9.  PO Number 307-39, issued by the 18th MP Brigade, dated 3 November 2003, awarded him the ARCOM for meritorious service while serving as a driver from 16 April 2003 to 10 December 2003. 

10.  He provides a memorandum for record, subject:  Award of Right Sleeve Shoulder Insignia, issued by Headquarters, 18th Military Police Brigade, dated  15 November 2003, showing individuals listed on the attached alpha roster from the 812th MP Company were authorized to wear the SSI-FWTS and OSB.  His name is listed in that roster.

11.  On 25 January 2004, he was REFRAD and returned to his USAR unit.  The DD Form 214 he was issued shows in:

	a.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and the ASR.

	b.  Item 18 (Remarks) his service in Kuwait and Iraq from 16 April 2003 to 
18 December 2003.

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

	a.  Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

     b.  Iraq Campaign Medal (ICM) is awarded to members who have 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include, but are not limited to:

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

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB and wear of the SSI-FWTS, commonly referred to as a "combat patch."  
     a.  It states one OSB is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom and/or Operation Enduring Freedom, the Central Command (CENTCOM) area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival to, and departure from, the CENTCOM area of operations are counted as whole months.

     b.  It authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  

14.  There are no provisions for entering the SSI-FWTS or the OSB on the       DD Form 214 as they are items of uniform wear and not awards or decorations.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS and the OSB on a DD Form 214.  Therefore, there is no basis for adding the SSI-FWTS or the OSB to his DD Form 214 for the period ending      25 January 2004.

2.  Orders awarded the applicant the ARCOM and the AAM.  He is entitled to correction of his DD Form 214 to show these awards.
 
3.  He served a qualifying period of service for award of the GWOTSM and is entitled to correction of his DD Form 214 to show this award. 

4.  He served in Kuwait/Iraq from 16 April 2003 to18 December 2003.  Based on this service he is entitled to award of the ICM with two bronze service stars to designate his participation in two campaigns and correction of his DD Form 214 to show this award.  

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: 

     a.  correcting his DD Form 214 for the period ending 24 September 2000 by adding the AAM, and

     b.  correcting his DD Form 214 for the period ending 25 January 2004 by adding the – 
 
* AAM
* ARCOM
* GWOTSM
* ICM with two bronze service stars

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 SSI-FWTS and OSB. 



      _______ _   _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)                                         AR20140020086





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ABCMR Record of Proceedings (cont)                                         AR20140020086



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