IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007916 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, reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military training, foreign service in Kuwait and Iraq, and all authorized awards. 2. The applicant states that he attended Tactical Vehicle Driver Training, Javelin Qualification Training, and the Combat Lifesaver Course. In addition, he was the platoon driver in Iraq. He adds that he does not have any means of proving he completed the training or that he was the platoon driver, except for someone vouching for him. a. He states administrative personnel incorrectly entered his deployment data into the Personnel Tempo (PERSTEMPO) system. As a result, his DD Form 214 shows he served in Kuwait for 1 month and 5 days from 24 March 2003 to 28 April 2003. However, he actually served in Kuwait from 14 February 2003 to 27 March 2003 (42 days) and then in Iraq from 28 March 2003 to 5 September 2003 (161 days) for a total of 203 days. In addition, his orders for the Combat Infantryman Badge show he engaged in active ground combat from 24 March 2003 to 28 April 2003. b. He states that he was issued a DD Form 215 (Correction to DD Form 214) that added the Airborne Course and also the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal. (1) He also states that his unit was awarded the Presidential Unit Citation. In addition, all Soldiers in the unit were awarded a "blanket" Army Commendation Medal for their participation in the invasion of Iraq; however, he never received the award orders. (2) He further states he redeployed and was discharged (in November 2003) before his unit redeployed (in early 2004) and the awards were approved after his unit redeployed. 3. The applicant provides copies of his: * deployment orders * Combat Infantryman Badge orders * PERSTEMPO – Service Member Deployment History * DD Form 214 * DD Form 215 * four Internet articles * four letters written by his platoon sergeant * four pages of photographs * two letters of support 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 (and reconsideration within 1 year of the date of the decision for the original consideration of the case). 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 (or within the policy guidance for reconsideration) 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080006996 on 19 June 2008. 3. The applicant enlisted in the Regular Army on 23 October 2001 for a period of 3 years. He was award military occupational specialty 11B (Infantryman). 4. A DD Form 214 shows the applicant was discharged on 18 November 2003 under other than honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge in Lieu of Trial by Court-Martial). He had completed 2 years and 21 days of net active service this period. It also shows, in pertinent part, in: * item 12 (Record of Service), block f (Foreign Service): 1 month and 5 days * item 18 (Remarks): Service in Operation Enduring Freedom (Kuwait) from 24 March 2003–28 April 2003 5. ABCMR Record of Proceedings, Docket Number AR20080006996, dated 19 June 2008, granted the applicant relief pertaining to the requested awards and military training. However, a review of the proceedings reveals that the Board Determination/Recommendation section failed to address the applicant's request pertaining to the periods of his foreign service in Kuwait and Iraq. 6. A DD Form 215, issued on 12 January 2009, corrected the applicant's DD Form 214 and it now shows in: * item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Combat Infantryman Badge * Parachutist Badge * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * National Defense Service Medal * item 14 (Military Education): Airborne Course, 3 Weeks, March 2002 7. A review of the applicant's military personnel records failed to reveal evidence that he: * completed Tactical Vehicle Driver Training, Javelin Qualification Training, or the Combat Lifesaver Course * was assigned to a position with duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or at least 8,000 miles of accident/violation-free vehicle operation * was recommended for or awarded the Army Commendation Medal 8. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 15 February 2003 through 28 October 2003 for Kuwait. 9. In support of his request for reconsideration, the applicant provides the following documents: a. Headquarters, 82nd Airborne Division, Fort Bragg, NC, Orders 041-01, dated 10 February 2003, that directed the 82nd Airborne Division and assigned personnel on the attached roster to deploy to the Central Command area of responsibility (Kuwait) on or about 15 February 2003 in support of Operation Enduring Freedom (OEF). The deployment roster shows the applicant's name. b. Headquarters, Task Force Falcon, Baghdad, Iraq, Permanent Orders 127-103, dated 7 May 2003, awarded the applicant the Combat Infantryman Badge for engaging in active ground combat from 24 March 2003 to 28 April 2003. The orders show he was assigned to Company B, 1st Battalion, 325th Infantry. c. A PERSTEMPO Service Member Deployment History Outprocessing History for the period 11 April 2002 to 13 November 2003 that shows the applicant deployed with Company B, 1st Battalion, 325th Infantry, on 14 February 2003 in support of Operation Iraqi Freedom (OIF) and that he redeployed on 5 September 2003 (a total of 203 days). d. Four Internet Wikipedia (the free encyclopedia) articles that show, in pertinent part, the following information: * Global War on Terror: In March 2003, the 1st Battalion, 325th Infantry of the 2nd Brigade Combat Team was attached to the 75th Ranger Regiment as part of a special operations task force to conduct a parachute assault to seize Saddam International Airport in support of OIF (the parachute assault was cancelled). It also shows the brigade returned to the United States by the end of February 2004. It further shows the 325th Airborne Infantry Regiment, 2nd Brigade Combat Team, 82nd Airborne Division was awarded the Presidential Unit Citation (Army) for the Battle of Samawah in April 2003. * Battle of Samawah (2003): On 25 March 2003, 2nd Brigade Combat Team, 82nd Airborne Division, received the order to clear Samawah. On 30 March 2003, the 1st Battalion, 325th Infantry, launched a feint attack against the bridges in the town over the Euphrates River. On 2 April 2003, Company B launched an attack on a cement factory. * 325th Infantry Regiment: On 14 February 2003, the regiment began to deploy to Kuwait as part of OEF. On 28 March 2003, the regiment was called on to spearhead the 82nd Airborne Division's assault into Iraq in support of OIF. For its actions in Iraq during 2003 the regiment was awarded the Presidential Unit Citation and Valorous Unit Award. * 1st Battalion, 325th Airborne Infantry Regiment: On 15 February 2003, the battalion deployed to Kuwait. On 27 March 2003, the battalion crossed the border and saw ground combat in Samawah, Fallujah, and Baghdad. e. Four letters written by Sergeant First Class (SFC) Harold H. H____, the applicant's platoon sergeant; three to the applicant's mother (dated 12 April 2003, 14 April 2003, and one undated) and one letter to members of the Delano American Legion (undated). SFC H____ thanked them for packages that they put together and sent to Soldiers of his platoon. He provided general information on the unit's missions as they entered into Iraq. He also assured the applicant's mother that the applicant was doing well and that he was a dedicated Soldier. f. Four pages containing 11 photographs with handwritten captions indicating they are pictures of the applicant and other Soldiers serving in Iraq. A copy of the applicant's U.S. Army Delayed Entry Training Program Identification Card with an expiration date of 30 October 2001 was also provided. g. A letter written by SFC Ben T____, undated, who states the applicant was in his platoon in Company B, 1st Battalion, 325th Infantry, during his first deployment to Iraq in 2003. He states they deployed to Kuwait on 14 February 2003, moved into Iraq during the invasion on 28 March 2003, and the unit was awarded the Presidential Unit Citation for the Battle of Samawah. He also states, "[t]he company also awarded a blanketed ARCOM [Army Commendation Medal] to all participants in the company. They were individually written so [applicant] may have never received his due to already being discharged at the time the awards were written. I believe he earned one. As for the Driver school, I didn't attend with him, but he was the platoon driver in Iraq and a military driver's license was required for that. As for other schools, I cannot say for sure because I don't recall, but I believe him." h. A letter written by Specialist Bobby G____ II, dated 20 March 2015, who is now a Register Nurse working for the Department of Veterans Affairs. He offers his personal assurance that the applicant served in Iraq with him in Company B, 1st Battalion, 325th Infantry, from the invasion until the applicant's leave in September 2003, when they both redeployed to the United States. 10. Headquarters, Department of the Army, GOs show: * GO Number 2010-22, dated 24 November 2010, awarded the Presidential Unit Citation to Headquarters and Headquarters Company, 3rd Infantry Division for the period 19 March 2003 to 1 May 2003, and assigned and attached units, including 1st Battalion, 325th Infantry from 28 April 2003 to 1 May 2003 * GO Number 2009-10 and GO Number 2009-14, dated 16 December 2009, awarded the Valorous Unit Award to Headquarters and Headquarters Company, 3rd Brigade, 1st Armored Division for the period 1 September 2003 to 30 November 2003, and assigned and attached units, including 1st Battalion, 325th Infantry 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. * Chapter 2 (Department of Defense Awards and Decorations) explains policies and procedures for awarding Defense decorations and service awards. * The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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 50 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. * Service members who qualified for the GWOTEM by reason of service before 30 April 2005 in Iraq shall remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal (ICM) in lieu of the GWOTEM for such service. * Soldiers who elect to receive the GWOTEM in lieu of the ICM are not authorized bronze service stars for those campaigns in which the GWOTEM is awarded. * The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF. The AOE encompasses all land area of the country of Iraq and 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 to 31 December 2011 (the cessation of OIF). * A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in. During the applicant's period of service in Iraq, participation credit was awarded for the following two campaigns: * Liberation of Iraq (19 March 2003 - 1 May 2003) * Transition of Iraq (2 May 2003 - 28 June 2004) * the U.S. Army Human Resources Command, Awards and Decorations Branch webpage offers Frequently Asked Questions concerning, in pertinent part, the GWOTEM and the ICM. * Question 4: A Soldier originally deployed in support of OEF on 15 February 2003 and served in Kuwait waiting for OIF to begin. On 19 March 2003, the Soldier's unit moved into Iraq to support OIF. He/She served in Iraq from 19 March 2003 through 30 December 2003. Is a Soldier in that unit authorized the GWOTEM for time in Kuwait and the ICM for service in Iraq? * Answer 4: Soldiers in that scenario qualify for award of the GWOTEM for the time in support of OEF in Kuwait from 15 February 2003 to 18 March 2003 (30 consecutive days) and they qualify for award of the ICM for the period of 19 March 2003 to 30 December 2003. * Question 8: A Soldier deployed in support of OIF from 30 March 2003 to 31 December 2003. During that deployment the Soldier was in Kuwait for 30 days to in-process (reception/ staging) prior to movement into Iraq. Does that Soldier qualify for the GWOTEM for the time in Kuwait and also the ICM for the time in Iraq? * Answer 8: No, under these circumstances the Soldier is being deployed in the ICM AOE. The award of the GWOTEM and/or ICM is only authorized to be made based upon the entire deployed period of service in the AOE. Staging operations in an approved AOE does not qualify an individual for award of the GWOTEM. * Chapter 3 (U.S. Army Individual Awards) governs military decorations awarded in recognition of heroism, meritorious achievement, or meritorious service. The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. * Chapter 8 (Badges and Tab) shows the purpose of awarding badges and tabs is to provide public recognition and tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competitions, as well as in the performance of duty. The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote attainment of a high degree of skill in the operation and maintenance of motor vehicles. The eligibility requirements for drivers require that a Soldier must: * qualify for and possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing) * be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft) 12. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 13. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 14. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 12, block f, enter the total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period); b. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, each entry will be verified by the Soldier's records; c. item 14, list formal, in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed; and d. item 18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant's request for reconsideration of his request for correction of his DD Form 214 to show his military training, foreign service in Kuwait and Iraq, and all authorized awards was carefully considered. 2. There is no evidence in the applicant's military personnel records that shows he successfully completed Tactical Vehicle Driver Training, Javelin Qualification Training, or the Combat Lifesaver Course. There is also no evidence that shows he was assigned to a position with duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months (or 8,000 miles of accident/violation-free motor vehicle operation) or that he was awarded the Driver and Mechanic Badge. Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show he completed the above military training or that he was awarded the Driver and Mechanic Badge. 3. The evidence of record shows that award of an individual decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There is no evidence of record of a recommendation for award of the Army Commendation Medal or orders showing the applicant was awarded the Army Commendation Medal. Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show award of the Army Commendation Medal. 4. While the available evidence is insufficient for correcting the applicant's records to show award of the Army Commendation Medal, this in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130. 5. The evidence of record pertaining to the applicant's overseas service shows: * item 18 of his DD Form 214 shows he served in Kuwait from 24 March 2003 to 28 April 2003 * his PERSTEMPO deployment history shows he was deployed from 14 February 2003 through 5 September 2003 * DFAS records show he received HDP/IDP and CZTE from 15 February 2003 through 28 October 2003 * the Internet articles, in pertinent part, show the 325th Infantry Regiment – * deployed to Kuwait as part of OEF on 14 February 2003 * spearheaded the assault into Iraq in support of OIF on 28 March 2003 * the applicant contends he served in – * Kuwait from 14 February 2003 to 27 March 2003 * Iraq from 28 March 2003 to 5 September 2003 a. Based on the evidence of record it is concluded he served overseas in: * Kuwait from 14 February 2003 through 27 March 2003 * Iraq from 28 March 2003 through 5 September 2003 b. A computation of his periods of overseas service shows the following: 2003  03  27 date prior to departure from Kuwait - 2003  02  14 date departed United States enroute to Kuwait =  00  01  13 + _ 1 inclusive day =  00  01  14 overseas service in Kuwait 2003  09  05 date returned to United States - 2003  03  28 date entered Iraq =  00  05  07 + _ 1 inclusive day =  00  05  08 overseas service in Iraq c. A computation of his total foreign service shows the following: 00 01 14 Kuwait + 00 05 08 Iraq = 00 06 22 total foreign service (item 12, block f) 6. Based on the evidence of record and in view of the foregoing, it is concluded that item 12, block f, and item 18 of the applicant's DD Form 214 should be corrected to show all of his foreign service in Kuwait and Iraq. 7. The evidence of record shows that the applicant qualified for award of the GWOTEM for his service in Kuwait in support of OEF from 14 February 2003 through 27 March 2003. The evidence of record also shows that he qualified for award of the ICM and he participated in two campaigns during his service in Iraq in support of OIF from 28 March 2003 through 5 September 2003. Thus, he is entitled to award the GWOTEM and the ICM with two bronze service stars. 8. General orders awarded the applicant's unit the: * Presidential Unit Citation (Army) from 28 April 2003 to 1 May 2003 * Valorous Unit Award from 1 September 2003 to 30 November 2003 9. In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below. 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 amendment of the ABCMR's decision in Docket Number AR20080006996, dated 19 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214, as follows: * deleting the current entry from item 12, block f, and adding the entry "0000 [years], 06 [months], 22 [days]" * adding to item 13 the – * Iraq Campaign Medal with 2 Bronze Service Stars * Global War on Terrorism Expeditionary Medal * Presidential Unit Citation (Army) * Valorous Unit Award * deleting from item 18 the entry "SERVICE IN OPERATION ENDURING FREEDOM (KUWAIT) FROM 24 MAR 03–28 APR 03" * adding to item 18 the following entries – * "SERVICE IN SUPPORT OF OPERATION ENDURING FREEDOM (KUWAIT) FROM 20030214–20030327" * "SERVICE IN SUPPORT OF OPERATION IRAQI FREEDOM (IRAQ) FROM 20030328–20030905" 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 military training, the Driver and Mechanic Badge, and the Army Commendation 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) AR20150007916 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007916 12 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1