BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160001654 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ______x__ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160001654 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. awarding him the Army Good Conduct Medal (1st Award) for the period 11 October 2001 to 10 October 2004; b. deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal and Army Achievement Medal; c. adding to his DD Form 214 the following awards: * the Army Good Conduct Medal (1st Award) * Overseas Service Ribbon * Army Achievement Medal (2nd Award) * Iraq Campaign Medal with 2 bronze service stars 2. The Board further determined 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 adding the Combat Action Badge and the Sea Service Deployment Ribbon to his 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. BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20160001654 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 the: * Iraq Campaign Medal * Sea Service Deployment Ribbon * Combat Action Badge 2. The applicant states he served in Iraq for one year and four months. He served with the 1st Infantry Division and he was stationed in Ramadi, Iraq. While there, he fired his M-16 and .50 caliber at insurgents. 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. The applicant enlisted in the Regular Army on 11 October 2001 and he held military occupational specialty (MOS) 21B (Combat Engineer). He was assigned to the 1st Engineer Battalion at Fort Riley, KS. 3. Permanent Orders (PO) # 175-03, issued by Headquarters, 1st Engineer Battalion, Fort Riley, on 24 June 2003, awarded him the Army Achievement Medal for meritorious service during live fire exercise from 5 to 22 May 2003. 4. PO # 146-39, issued by Headquarters, 1st Brigade, on 25 May 2004, awarded him the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 8 September 2003 to 31 August 2004. 5. PO # 147-10, issued by Headquarters, 1st Engineer Battalion, Fort Riley, KS on 27 May 2005, amended PO # 351-02 (not available for review), to show award of the Army Achievement Medal (1st Oak Leaf Cluster). 6. He was honorably released from active duty on 26 December 2004. His DD Form 214 shows he completed 3 years, 2 months, and 16 days of active service. It also shows in: * Item 12f (Foreign Service), 1 year and 3 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the – * Army Lapel Button * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Army Service Ribbon * Item 18 (Remarks), the entry "SERVICE IN IRAQ-OPERATION IRAQI FREEDOM: 20030910-20040912" REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is from 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 the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005). 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: (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 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. d. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. e. The Overseas Service Ribbon is awarded for successful completion of overseas tours. f. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. 2. 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 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. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders. 3. According to paragraph 20 of the Secretary of the Navy Instruction (SECNAVINST) 1650.1H, Navy and Marine Corps Awards Manual, the Sea Service Deployment Ribbon is awarded to officer and enlisted personnel of the United States Navy and Marine Corps. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It states for item 13, list awards and decorations for all periods of service in priority sequence. DISCUSSION: 1. With respect to the Iraq Campaign Medal: a. The applicant served in Iraq from 10 September 2003 to 12 September 2004. He qualified for and was awarded the Global War on Terrorism Expeditionary Medal. 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. b. No service member will be entitled to both medals for the same act, achievement, or period of service. 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. c. With his application to this board he officially requests the Iraq Campaign Medal in lieu of the Global war on Terrorism Expeditionary Medal. He is eligible for award of the Iraq Campaign Medal. He is also eligible for two bronze service stars for his participation in the Transition of Iraq (2 May 2003 - 28 June 2004) and Iraqi Governance (29 June 2004 - 15 December 2005) campaigns. 2. Based on completion of one 1 year and 3 days of foreign service in Iraq, he meets the regulatory criteria for award of the Overseas Service Ribbon and its addition to his DD Form 214. 3. He also meets the criteria for award of the Army Good Conduct Medal and its addition to his DD Form 214. * he deployed to Iraq in support of Operation Iraqi Freedom * he completed 3 year, 2 months, and 16 days of continuous active service * there is no derogatory information in his record that would disqualify him from receiving this award 4. The applicant was awarded two awards of the Army Achievement Medal. His DD Form 214 reflects only one award. 5. With respect to the Combat Action Badge, there are no permanent orders in his records and he provides none to show he was awarded the Combat Action Badge. However, if the applicant believes he is eligible for this badge, he may apply for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, Dept 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. 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 or Personnel Qualification Record * 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 6. The Sea Service Deployment Ribbon is not a U.S. Army award and is not awarded by the Secretary of the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001654 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001654 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2