ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20170003721 APPLICANT REQUESTS: to be awarded, the following awards and issuance of a corrected DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty): * Kosovo Campaign Medal (KCM) * Iraq Campaign Medal (ICM) * Combat Infantryman Badge (CIB) * Combat Action Badge (CAB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Commendation Medal (ARCOM) * Terminator News Article * NATO Medal Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is due campaign medals for his two deployments. He was deployed to Kosovo from October 2001 to May 2002. He was deployed to Iraq from March to August 2003. In addition, his Infantry Company was awarded the CIB and he should receive a CAB. None of what he is requesting is listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). This is creating problems when claiming certain status. In addition, the burn pit registry needs proof he was deployed overseas. 3. The applicant provides: a. An ARCOM, dated 3 June 2003, awarded for exceptionally meritorious achievement while serving during Operation Iraqi Freedom from 28 March 2003 to 15 May 2003. b. A Terminator New extract which features an article written about an area in northern Iraq. The article quotes a statement made by the applicant regarding a detail he performed while in Iraq. c. A document that certifies the applicant was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period of 21 November 2001 through 22 May 2002. 4. A review of the applicant’s service record shows: a. On 14 January 2000, he enlisted in the Regular Army. b. His enlisted record brief, dated 7 June 2004, shows he was assigned to Fort Sill, OK and Fort Drum, NY. While at Fort Drum, NY, he was assigned to 2nd Battalion, 15th Field Artillery Regiment and served as a 13F (Fire Support Specialist). There are no overseas assignments listed in Section I (Assignment Information). c. Defense Finance and Accounting Services (DFAS) records show he deployed to Macedonia from 1 October 2001 through 31 May 2002, and Iraq from 1 March 2003 through 31 July 2003. d. On 27 July 2004, he was discharged from active duty under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c (Commission of a Serious Offense), and issued an under honorable conditions (general) discharge. His DD Form 214 reflects that the completed 3 years, 11 months, and 6 days of active service. It also shows that he was awarded or was authorized the: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar e. There is no evidence the applicant exhausted all administrative remedies available to him by submitting an application for the requested awards to the U.S. Army Human Resources Command. 5. By regulation: a. The KCM is awarded to Servicemembers of the Armed Forces of the United States who: * participated in or served in direct support of Kosovo Operation(s): Allied Force; Joint Guardian; Allied Harbour; Sustain Hope/Shining Hope; Noble Anvil; or Kosovo Task Force(s): Saber, Hunter, Hawk, or Falcon * Servicemembers must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days b. Individuals who are authorized the ICM must have served: * in direct support of Operation Iraqi Freedom or Operation New Dawn * Servicemembers must have been assigned, attached, or mobilized to units operation in the area of engagement for 30 consecutive days or 60 nonconsecutive days c. For award of the CIB, a Soldier must meet the following requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat d. The CAB provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the CAB are branch and military occupational specialty 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. Award of the CAB is authorized for the following operations: * Afghanistan (Operation Enduring Freedom, 18 September 2001 to 31 December 2014; Operation Freedom’s Sentinel, 1 January 2015 to a date to be determined) * Iraq (Operation Iraqi Freedom, 19 March 2003 to 31 August 2010; Operation New Dawn, 1 September 2010 to 31 December 2011) * Operation Inherent Resolve, 15 June 2014 to a date to be determined BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant’s record is absent evidence that shows he deployed; however, DFAS pay records confirmed he received pay while in Macedonia and Iraq. By a preponderance of the evidence, the Board found that adding the Kosovo Campaign Medal and the Iraq Campaign Medal was appropriate. However, the Board also concluded that the CIB was not appropriate because the applicant is not an infantryman, which is a requirement for the award. Additionally, the Board did not see where the applicant applied for the CAB with Human Resources Command; therefore, the Board recommended denying that portion of the request as well. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. amending block 12f to show the entry “01 01 02” b. adding to block 13: * Army Commendation Medal * Iraq Campaign Medal with one bronze service star * Kosovo Campaign Medal * NATO Medal c. adding to block 18 the entries “SERVICE IN MACEDONIA 20011001 – 20020531” and “SERVICE IN IRAQ 20030301 – 20030731” 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 awarding the CAB and CIB. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 2-16 (Kosovo Campaign Medal (KCM)), states the KCM is awarded to Servicemembers of the Armed Forces of the United States who: * participated in or served in direct support of Kosovo Operation(s): Allied Force; Joint Guardian; Allied Harbour; Sustain Hope/Shining Hope; Noble Anvil; or Kosovo Task Force(s): Saber, Hunter, Hawk, or Falcon * Servicemembers must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days b. Paragraph 2-18 (Iraq Campaign Medal (ICM)), states individuals who are authorized the ICM must have served: * in direct support of Operation Iraqi Freedom or Operation New Dawn * Servicemembers must have been assigned, attached, or mobilized to units operation in the area of engagement for 30 consecutive days or 60 nonconsecutive days c. Paragraph 8-6 (Combat Infantryman Badge (CIB)), states for award of the CIB, a Soldier must meet the following requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat d. Paragraph 8-8 (Combat Action Badge (CAB)), states the CAB provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the CAB are branch and military occupational specialty 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003721 5 1