IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150001362 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal with arrowhead device for his service in Iraq while assigned to 2nd Platoon, Company B, 3rd Battalion, 7th Infantry Regiment, 3rd Infantry Division.

2.  The applicant states he and his platoon members performed an amphibious assault on the front line at the Euphrates River (Objective Peach) during Operation Iraqi Freedom I in Southern Iraq.

3.  The applicant provides a list of names and verbiage pertaining to award of the Armed Forces Expeditionary Medal. 

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 on 3 April 2002.  He completed training and he was awarded military occupational specialty 91W (Health Care Specialist).  Evidence shows he was subsequently assigned to and performed duties in Iraq with 3rd Battalion, 7th Infantry Regiment, 3rd Infantry Division.

3.  He was released from active duty (REFRAD) on 2 June 2006 after completing 4 years and 2 months of creditable active service.  At the time of his REFRAD, he held the rank/pay grade of specialist/E-4.

4.  His DD Form 214 contains the following information:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear:

* Army Commendation Medal (2nd Award)
* Presidential Unit Citation
* Army Good Conduct Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Medical Badge

	b.  Item 18 (Remarks) shows he served in Iraq from 20 January through 26 August 2003 and 20 January 2005 through 24 January 2006.

5.  His record contains a DD Form 215 (Correction to DD Form 214), dated       22 June 2009, which deletes the Iraq Campaign Medal and adds the Iraq Campaign Medal with four bronze service stars.

6.  General Orders 2014-49 issued by Headquarters, Department of the Army, dated 18 July 2014, awarded the Valorous Unit Award to 3rd Battalion,             7th Infantry Regiment, for the period 15 January 2005 to 14 January 2006.

7.  The applicant's record is void of any evidence and he has not provided sufficient evidence which shows he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission in a unit that was credited with a combat assault.
8.  A review of the U.S. Army Human Resources (HRC) Military Awards Branch (MAB) database contains no evidence the applicant's unit received assault landing credit for the period in question. 

9.  The applicant provides a list of names signed by a commander in the rank/grade of lieutenant colonel/O-5 authorizing award of the Armed Forces Expeditionary Medal for service from 15 January to 10 June 2003.

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

   a.  The Armed Forces Expeditionary Medal is authorized for participants 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.  The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved.

   b.  The arrowhead device will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal.
   
   c.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States 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 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 in operations approved by the Secretary of Defense.
   
	d.  Soldiers who deployed in support of Southwest Asia for Operation Southern Watch (OSW), Maritime Intercept Operation (MIO), Operation Northern Watch (ONW), and Operation Desert Spring (ODS) between 11 September 2001 to 18 March 2003 may elect to receive either the Armed Forces Expeditionary Medal or the Global War on Terrorism Expeditionary Medal for their service but only one award is authorized for the same period of service.

	e.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contention, evidence shows the applicant was awarded the Global War on Terrorism Expeditionary Medal for the period             20 January to 18 March 2003.  He subsequently received award of the Iraq Campaign Medal with four bronze service stars for his service from 19 March to 26 August 2003 and 20 January 2005 to 24 January 2006.  

2.  Army Regulation 600-8-22 states Soldiers who deployed in support of Southwest Asia for OSW, MIO, ONW, and ODS between 11 September 2001 to 18 March 2003 may elect to receive either the Armed Forces Expeditionary Medal or the Global War on Terrorism Expeditionary Medal for their service but only one award is authorized for the same period of service.

3.  The applicant's previously-awarded Global War on Terrorism Expeditionary Medal disqualifies him from receiving the Armed Forces Expeditionary Medal for the same period of service; however, after being contacted by a member of the ABCMR staff, he specifically requested to withdraw the Global War on Terrorism Expeditionary Medal in favor of the Armed Forces Expeditionary Medal.  Therefore, his record should be corrected to show this award.  

4.  The evidence shows the applicant served in Iraq during the period 20 January 2005 to 24 January 2006 with 3rd Battalion, 7th Infantry Regiment.  General orders 2014-49 awarded the Valorous Unit Award to 3rd Battalion, 7th Infantry Regiment, for the period 15 January 2005 to 14 January 2006.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence shows the applicant served honorably during a qualifying period for award of the National Defense Service Medal.  Therefore, he is authorized award of the National Defense Service Medal and his DD Form 214 should be corrected to show this medal.
6.  With regard to authorizing him an arrowhead device to be worn on the previously-mentioned Armed Forces Expeditionary Medal, a review of the HRC MAB database contains no evidence the applicant's unit received assault landing credit for the period in question.  Therefore, it would be inappropriate to add the device at this time.

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.  deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal; and 
   
   b.  adding to his DD Form 214 the Armed Forces Expeditionary Medal, Valorous Unit Award, and National Defense 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 an arrowhead device to be worn on the Armed Forces Expeditionary 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)                                         AR20150001362





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ABCMR Record of Proceedings (cont)                                         AR20150001362



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