IN THE CASE OF: BOARD DATE: 23 August 2018 DOCKET NUMBER: AR20160014835 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 IN THE CASE OF: BOARD DATE: 23 August 2018 DOCKET NUMBER: AR20160014835 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20060011953, dated 1 March 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f (Foreign Service) of his DD Form 214, the entry "00 02 25," and adding the entry "01 01 12," b. deleting from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal (3rd Award), and adding the: * Army Achievement Medal (4th Award) * Iraq Campaign Medal with one bronze service star * Korea Defense Service Medal c. adding to item 18 (Remarks) of his DD Form 214, the entry "SERVICE IN BOSNIA FROM 19990908-19991011." 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 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. IN THE CASE OF: BOARD DATE: 23 August 2018 DOCKET NUMBER: AR20160014835 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 reconsideration of his earlier request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal and Korea Defense Service Medal. 2. As new issues, he requests correction of his DD Form 214 to show award of the Combat Action Badge, Global War on Terrorism Service Medal, four Army Achievement Medals, his foreign service in Korea and Bosnia. 3. The applicant states: a. He should be awarded the Combat Action Badge for direct and indirect fire from enemy forces during convoy and forward base operations during the Iraq invasion. When he left active duty in 2003, the badge had not been established. b. He is eligible for award of the Iraq Campaign Medal for his combat service in the Iraq invasion. This medal was not established until after he left active duty. His request for this medal was previously denied by the Board because it was mistaken for the Armed Forces Expeditionary Medal he earned for his service in Bosnia. c. He is eligible for award of the Korea Defense Service Medal for his 2002 tour of duty in Korea. His request for this medal was previously denied by the Board because there were no records of his service in Korea. d. He is eligible for award of the Global War on Terrorism Service Medal for serving a period of qualifying service. e. His record should be updated to show his foreign service tours of duty in Korea from February 2002 to November 2002 and his deployment in Bosnia from October 1999 to December 1999. His record erroneously lists only one deployment instead of three deployments. f. There was some confusion as to why the Board did not acknowledge his deployments to Bosna and Korea. He did not send adequate evidence. He could not find his orders, but he has medical records, awards, and pictures supporting his presence overseas. g. He needs his deployments and medals updated in his records. The Department of Veterans Affairs does not recognize his service in Iraq and Bosnia as combat related. 4. The applicant provides: * three applications * documentation on American Special Operations * medical records * Honorable Discharge Certificate * Army Good Conduct Medal Certificate * Army Commendation Medal Certificate * four Army Achievement Medal Certificates * North Atlantic Treaty Organization (NATO) Certificate * certificate of appreciation * DA Form 638 (Recommendation for Award) * deployment orders * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060011953 on 1 March 2007. 2. The applicant's contentions and supporting documentation are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant enlisted in the Regular Army on 28 May 1997. 4. Headquarters, 3rd Battalion, 504th Parachute Infantry Regiment, Fort Bragg, NC, published Permanent Order Number 80-01, on 16 March 1999, awarding him the Army Achievement Medal for exceptionally meritorious service for the period 20 November 1997 to 18 March 1999. 5. The exact dates of his service in Bosnia are unknown. However, he did provided the following documentation: a. A DA Form 5181-R (Screening Note of Acute Medical Care) and two Standard Forms 600 (Chronological Record of Medical Care) show he received medical treatment in Camp Demi, Bosnia on 8 September 1999, 9 October 1999, and 11 October 1999. b. A NATO Medal Certificate for service with NATO on operations in relation to the former Yugoslavia during an unknown period. c. A Certificate of Appreciation for service in Bosnia Herzegovina. His inclusive dates of service in Bosnia are not available. 6. 10th Mountain Division, Permanent Order Number 058-01, dated 21 May 2001, awarding him the Army Achievement Medal for meritorious service for the period 26 March 1998 to 27 May 2001. 7. 10th Mountain Division, Fort Drum, NY, published Permanent Order Number 244-03, dated 5 September 2000, awarding him the Army Achievement Medal for meritorious service for the period 28 August 2000 to 31 August 2000. 8. Headquarters and Headquarters Company, 4th Battalion, 31st Infantry Regiment, 10th Mountain Division, Fort Drum, NY, published Permanent Orders Number 058-01, dated 21 May 2001, awarding him the Army Achievement Medal for meritorious service for the period 26 March 1998 to 27 May 2001. 9. His exact dates of service in Korea are unknown. However, he provided the following documentation: a. A DA Form 5181-R (Screening Note of Acute Medical Care), dated on (either 5 or 15 June 2002) shows he received medical treatment at a medical facility located at Camp Essayons, Korea, that same date. b. Orders Number 168-436, published by Bravo Detachment, 509th Personnel Services Battalion, Korea, on 17 June 2002 promoted him to the rank of sergeant (SGT)/E-5. c. A DA Form 5181-R, dated 27 June 2002 shows he received medical treatment at a medical facility located at Camp Essayons, Korea, that same date. d. Orders Number 324-602, , published by Bravo Detachment, 509th Personnel Services Battalion, Korea, on 20 November 2002 directed the applicant to proceed on a permanent change of Station from Korea to Fort Sill, OK. He was directed to report to Fort Sill, OK no later than 20 January 2003. e. Commander, 2nd Infantry Division Artillery [Korea], published Permanent Order Number 338-23, dated 4 December 2002, awarding him the Army Achievement Medal for meritorious service for the period 9 February 2002 to 20 December 2002. This certificate was accompanied by a DA Form 638 (Recommendation for Award), dated 18 November 2002 and shows this award was issued as a permanent change of station (PCS) award. 10. A corrected copy of Orders Number 037-305, published by U.S. Army Field Artillery Center and Fort Sill, OK, on 6 February 2003 directed the applicant to accomplish a temporary change of station (TCS)/deployment to the U.S. Central Command (CENTCOM) in support of Operation Enduring Freedom, with a will proceed date of on or about 12 February 2003. 11. Order Number 070-01, published by Headquarters, 10th Special Forces Group (Airborne), Fort Carson, CO, on 11 March 2003 attached the applicant to Headquarters, 10th Special Forces Group (Airborne), Fort Carson, CO with duty at Combined Joint Special Forces Operation Task Force – North to deploy in support of Operation Enduring Freedom, with a report date of on or about 11 March 2003. 12. Headquarters, 10th Special Forces Group (Airborne), Fort Carson, CO, published Permanent Orders Number 124-50, on 4 May 2003. These orders awarded the applicant the Army Commendation Medal for meritorious achievement while serving in Iraq in support of Operation Iraqi Freedom, for the period of 13 March 2003 through 8 May 2003. 13. On 12 December 2003, he was honorably discharged by reason of physical disability with severance pay. His DD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 214) contain the following information: a. Item 12f (Foreign Service) was corrected to show he completed 2 months and 25 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * Army Commendation Medal * NATO Medal * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Parachutist Badge c. Item 18 (Remarks) of his DD Form 214 was corrected to add the entry "SERVICE IN IRAQ FROM 20030313-20030508//NOTHING FOLLOWS" in item 18 (Remarks). There are no other remarks referring to service in Bosnia. 14. On 1 March 2007, the ABCMR denied his request for award of the Iraq Campaign Medal and Korea Defense Service Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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 through 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 2010-31 December 2011) c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense d. The 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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. No Soldier is authorized award of the GWOTSM and the ICM for the same period of service. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. a. The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant's request for award of the Combat Action Badge was noted. However, there are no orders for the Combat Action Badge in the available records and there is no evidence showing he met the criteria for award of the Combat Action Badge. 2. Based on his service in Iraq from 13 March 2003 to 8 May 2003 (1 month and 26 days), he is eligible for award of the Iraq Campaign Medal with one bronze service star. His DD Form 214 does not show this medal. 3. No Soldier is authorized award of the Global War on Terrorism Service Medal and the Iraq Campaign Medal for the same period of service. If the Applicant wishes, he may reapply to the ABCMR to request the Global War on Terrorism Service Medal in lieu of the Iraq Campaign Medal. 4. The applicant served in Korea from 9 February 2002 to 20 December 2002 (10 months and 12 days), his service is not reflected in item 12f of his DD Form 214. 5. The applicant's served a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not show this medal. 6. His DD Form 214 shows three Army Achievement Medals, but orders show he was awarded four Army Achievement Medals. 7. The evidence of record shows the applicant served in Bosnia, as evidence places him in Bosnia on 8 September 1999, 9 October 1999, and 11 October 1999 (a period of 1 day and 4 months). Unfortunately, these are the only dates the record confirms. This service is not reflected in item 18 of his DD Form 214. 8. The evidence can only confirm 1 month and 4 days of the applicant's service in Bosnia. He also completed 10 months and 12 days of service in Korea, and 1 month and 26 days of service in Iraq. Based on the aforementioned periods, the applicant completed a total of 1 year, 1 month, and 12 days of verifiable foreign service. His DD Form 215 incorrectly shows 2 months and 25 days. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014835 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014835 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2