ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20190001177 APPLICANT REQUESTS: in effect, he served in Iraq and was not awarded any service medals or the Combat Medical Badge (CMB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate or Release or Discharge from Active Duty) for the period ending 14 May 2004 * Medical Board Evaluation and Unit Status were listed on his application; however, they were not attached for review 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 was attached to C Company, 1st Battalion, 38th Armor Regiment, in Iraq, before he was medically evacuated. He should be awarded his service medals and the medals should be listed on his DD Form 214. 3. The applicant enlisted in the Regular Army on 9 July 2002. After initial entry training, he was awarded military occupational specialty (MOS) 91W (Medical Specialist). 4. The applicant's record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) with auxiliary documents that shows he was medically evacuated from Iraq due to breathing difficulties as a result of persistent asthma. 5. The applicant was honorably retired on 14 May 2004 by reason of disability, temporary. His DD Form 214 show he completed 1 year, 10 months, and 6 days of net active service with 4 months and 18 days of foreign service. a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * National Defense Service Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Army Service Ribbon b. Item 18 (Remarks) contains the entry, "Service in Iraq: 20030428 - 20030915." 6. The applicant's record contains an Enlisted Record Brief that shows he was assigned to C Company (Medical), 125th Forward Support Battalion, during his period of service in Iraq. His record contains no evidence that he was further attached to a ground combat unit. 7. Army Regulation 600-8-22 (Military Awards), currently in effect, stated: a. Service members who qualified for the GWOTEM 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 GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. b. 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. c. The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. It was expanded to any ground combat arms or combat aviation units of brigade or smaller size, on or after 18 September 2001. Battle participation credit is not sufficient; the unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The applicant did not provide information nor evidence of an incident that would authorize him award of the CMB IAW AR 600-8-22. He must first apply for the CMB through U.S. Army Human Resources Command once supporting documents are obtained. The applicant was awarded the GWOTEM for his service in Iraq. He must make a request to have the GWOTEM converted to an Iraq Campaign Medal. Finally, the Board did not identify additional authorized awards for his combat service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The area of eligibility (AOE) 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) b. The 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 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. Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE. d. Service members qualified for the GWOTEM 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 GWOTEM for such service. Soldiers who elect to receive the GWOTEM in lieu of the Iraq Campaign Medal are not authorized service stars for those campaigns in which the GWOTEM is awarded. No service member will be entitled to both medals for the same act, achievement, or period of service. e. The Combat Medical Badge may be awarded to members of the Army Medical Department (AMEDD) (COL/O–6 and below), the Naval Medical Department (Captains and below), the USAF Medical Service (COL/O–6 and below), assigned or attached by appropriate orders to an infantry unit of either a brigade, regiment, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. f. The following individuals are also eligible for the Combat Medical Badge on or about 18 September 2001: Medical personnel assigned or attached to, or under operational control of any ground combat arms or combat aviation units of brigade or smaller size, who satisfactorily perform medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire. Retroactive awards under these criteria are not authorized for service prior to 18 September 2001. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001177 3 1