IN THE CASE OF: BOARD DATE: 15 March 2022 DOCKET NUMBER: AR20210009000 


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 2005 to show: 

a.his service in Iraq from 2003 to 2004 and

b.award of the:

.Army Achievement Medal (2nd Award)

.National Defense Service Medal (2nd Award)

.Iraq Campaign Medal

.Global War on Terrorism Expeditionary Medal

.Global War on Terrorism Service Medal



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DA Forms 638 (Recommendation for Award), 26 September 2002 and 15 May2003



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.His DD Form 214 has never been updated since he completed basic training. Heserved in Iraq from 2003 to 2004. He has never received the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal. He also was awarded two Army Achievement Medals and the National Defense Service Medal with one bronze service star. 
b.He served in Iraq with the 418th Transportation Company, 180th TransportationBattalion, 13th Sustainment Command (Expeditionary), from Fort Hood, TX. Copies of his deployment orders and orders for two Army Achievement Medals are enclosed. 

c.Regardless of the characterization of his discharge, he is still proud of his service.He can't' change the past. Fixing these errors is the right thing to do. 

3.He enlisted in the U.S. Army Reserve (USAR) on 29 June 1998.

4.He was ordered to initial active duty training on 24 September 1998. He wasreleased from active duty to the control of his USAR unit on 22 January 1999 uponcompletion of training. His DD Form 214 for this period shows in:

.item 12c (Net Active Service This Period) – 3 months and 29 days

.item 12e (Total Prior Inactive Service) – 2 months and 25 days

.item 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) – Army Service Ribbon, Sharpshooter MarksmanshipQualification Badge with Rifle Bar, and Sharpshooter Marksmanship QualificationBadge with Grenade Bar



5.He enlisted in the Regular Army on 15 August 2002.

6.Headquarters, 89th Regional Support Command, Orders 02-267-00028,24 September 2002, honorably discharged him from the USAR effective 14 August2002 as a result of his immediate enlistment in the Regular Army on 15 August 2002.

7.Headquarters, 180th Transportation Battalion, Fort Hood, TX, Permanent OrderNumber 280-7, 26 September 2002, awarded him the Army Achievement Medal for theperiod 17 September 2002 through 26 September 2002.

8.Headquarters, 181st Transportation Battalion, Fort Hood, TX, Permanent OrderNumber 184-33, 15 May 2003, awarded him the Army Achievement Medal with 1st oakleaf cluster for the period 1 February 2003 through 1 March 2003.

9.Headquarters, V Corps, General Court-Martial Order Number 18, 3 August 2004,states:

a.The applicant, U.S. Army Headquarters and Headquarters Detachment,485th Corps Support Battalion, was arraigned at Baghdad, Iraq, for the following offenses at a general court-martial hearing convened by the Commander, V Corps: 

.Charge I – violation of Article 108 (Military Property of the United States –Loss, Damage, Destruction, or Wrongful Disposition), for willfully damaging


an M818 tractor truck by pouring sand, water, and foreign substances into the engine block on or about 31 May 2003 

.Charge II – violation of Article 134 (General Article), two specifications, forwrongfully and unlawfully making a false statement under lawful oath on orabout 27 July 2003



b.He pled guilty and was found guilty of all charges and specifications.

c.His sentence was adjudged on 22 January 2004. His punishment consisted ofconfinement for 30 months and to be discharged from the service with a bad conduct discharge. 

10.His Defense Finance and Accounting Service leave and earnings statements,30 April 2003 through 31 August 2004, show:

.Hostile Fire/Combat Zone – Start – 1 March 2003 (whole month)

.Family Separation Allowance – Start – 10 March 2003

.Stop – Save Pay – 21 January 2004

.Change – Confined – 22 January 2004

.Hostile Fire/Combat Zone – Stop – 31 January 2004 (whole month)

.Note: No Entry for Family Separation Allowance – Stop



11.His inclusive dates of service in Iraq are unknown.

12.He was discharged on 13 May 2005. His DD Form 214 for this period shows in:

.item 8a (Last Duty Assignment and Major Command) – Personnel ControlFacility Personnel and Support Battalion, U.S. Army Field Artillery Center andFort Sill, OK

.item 12c (Net Active Service This Period) – 1 year, 10 months, and 6 days

.item 12d (Total Prior Active Service) – 3 months and 29 days

.item 12e (Total Prior Inactive Service) – 3 years, 9 months, and 17 days

.item 12f (Foreign Service) – no entries

.item 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) –



.Army Service Ribbon

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar

.Sharpshooter Marksmanship Qualification Badge with Grenade Bar



.item 18 (Remarks), in part – Excess Leave (Creditable for all Purposes ExceptPay and Allowances) – 125 days: 9 January 2005 through 13 May 2005


.item 24 (Character of Service) – Bad Conduct

.item 28 (Narrative Reason for Separation) – Court-Martial, Other

.item 29 (Dates of Time Lost During This Period), in part – 22 January 2004through 9 December 2004



13.Headquarters, Department of the Army, General Orders Number 2009-32,29 December 2009, awarded the Meritorious Unit Commendation to Headquarters andHeadquarters Detachment, 181st Transportation Battalion, for the period 19 March2003 to 12 February 2004 and to Headquarters and Headquarters Detachment,485th Support Battalion, for the period 19 March 2003 to 24 February 2004 forexceptionally meritorious conduct in the performance of outstanding service.

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that partial relief was warranted. The applicant’s contentions, his military records, and regulatory guidance were carefully considered. The evidence shows that the applicant served in Kuwait/Iraq from 10 March 2003 to 21 January 2004. Based on this service, he is eligible for the requested awards, except the GWOTEM because he is not authorized to receive both the GWOTEM and ICM for the same period of service. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

XX: XX: XX: GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.In addition to the correction addressed in Administrative Note(s) below, The Boarddetermined the evidence presented is sufficient to warrant a recommendation for partialrelief.  As a result, the Board recommends that all Department of the Army records ofthe individual concerned be corrected by adding to his DD Form 214 the entry "Servicein Kuwait/Iraq 10 March 2003 to 21 January 2004.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to awarding him the Global War on Terrorism ExpeditionaryMedal.

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. 


ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 13 May 2005 to show the following awards without Board action: 

.Army Achievement Medal (2nd Award)

.National Defense Service Medal (one award for the periods 24 September 1998-14 August 2002 and 15 August 2002-30 May 2003)

.Iraq Campaign Medal with bronze service star

.Global War on Terrorism Service Medal

.Meritorious Unit Commendation


REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Executive Order 13363 (Establishing the Afghanistan and Iraq Campaign Medal),29 November 2004, established the Iraq Campaign Medal. The Iraq Campaign Medal isawarded to members of the Uniformed Services of the United States who serve or haveserved in Iraq or contiguous waters or air space on or after 19 March 2003 and before aterminal date to be prescribed by the Secretary of Defense. A member may be awardedeither the Iraq Campaign Medal or the Global War on Terrorism Expeditionary Medal byreason of service in Iraq. Upon application, a member may be awarded the IraqCampaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. Nomember shall be entitled to award of more than one of these medals for the sameperiod of service.

3.Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, andadministrative instructions concerning individual and unit military awards.

a.Paragraph 2-11 (National Defense Service Medal) states the National DefenseService Medal may be awarded for both Active and Reserve service and is awarded for honorable active service for specified periods, to include 11 September 2001 to a date to be determined (in support of the Global War on Terrorism). To signify receipt of a second or subsequent award of the National Defense Service Medal, a bronze service star will be worn on the service ribbon by U.S. Army personnel so qualified. A bronze service star is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility. 

b.Paragraph 2-18 (Iraq Campaign Medal) states individuals authorized the IraqCampaign Medal must have served in direct support of Operation Iraqi Freedom or Operation New Dawn. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011. Under no condition will personnel receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March and 30 April 2005 in Iraq will remain qualified for that medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No Soldier will be entitled to both medals for the same act, achievement, or period of service. 
 c.  Paragraph 2-20 (Global War on Terrorism Expeditionary Medal) states the Global War on Terrorism Expeditionary Medal was established to recognize service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. The Global War on Terrorism Expeditionary Medal is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service before 30 April 2005 in Iraq will remain qualified for that medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. Soldiers who elected to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal are not authorized to change their original election; such elections are irrevocable. Soldiers who elect to keep the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal are not authorized bronze service stars on the Iraq Campaign Medal for the campaign in which the Global War on Terrorism Expeditionary Medal is awarded. No Soldier will be entitled to both medals for the same act, achievement, or period of service. 
 
4.  Army Regulation 635-5 (Separation Documents), 15 September 2000, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The detailed instructions stated for: 
 
 a.  item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered in item 12c from the Enlisted Record Brief; and 
 
 b.  item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of service, enter "SERVICE IN (name of country deployed) FROM (inclusive dated for example, YYYMMDD-YYYYMMDD)." 
 
5.  Department of Defense Financial Management Regulations, chapter 10, governs payment of hostile fire pay/imminent danger pay. Prior to 31 December 2011, members eligible for imminent danger pay were paid the full monthly rate for any complete or partial month they served in a qualifying area. The 2012 National Defense Authorization Act modified imminent danger pay payments, limiting eligibility to only the actual days served in a qualifying area. 
 
//NOTHING FOLLOWS//