IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220007579 APPLICANT REQUESTS: * correction of foreign service location from Southwest Asia to Iraq * award of the Combat Medical Badge * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Former Commander’s Statement dated 8 April 2022 * Two Pictures in Iraq * Battle Roster * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was deployed to Kuwait and then moved into Iraq from approximately 10 April 2003 through 14 August 2003. He would like his DD Form 214 updated to reflect his deployment into a hostile area and the respective awards for the deployment. He also believes he has rightfully earned the Combat Medical Badge for the convoy he participated in through Baghdad, Iraq. 3. The applicant provides: a. A letter from his former commander, Lieutenant Colonel (LTC) (Retired), dated 8 April 2022, which states the applicant served as his senior company medic while he was assigned as the commander of C Company, 2-8 Infantry Battalion from June 2002 through July 2003. LTC (Retired) remained with the unit through July 2004. On 10 April 2003, C Company, 2-8 Infantry Battalion deployed from Fort Hood, Texas, to Kuwait to support Operation Iraqi Freedom. C Company entered Iraq on 24 April 2003 and conducted combat operations in and around Baqouba, Muqdadiyah, and Jalulah/As Sadiyah, Diyala Province, Iraq, through March 2004. The applicant served with C Company in Iraq through 14 August 2003, after which he was stop-lossed and returned to garrison after the stop-loss was lifted. b. Two photos of the applicant in Iraq with the company headquarters element taken on or about 8 May 2003 outside the city of Muqdadiya Diyala Province, Iraq. c. A Battle Roster, as identified by LTC (Retired) listing personnel assigned to the unit for the initial deployment to Iraq in 2003. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 19 May 1999. b. His DA Form 2-1 (Personnel Qualification Record) did not identify a deployment location; however, his DA Form 2166-8 (NCO Evaluation Report) indicated the applicant was “responsible for medical treatment and evacuation of wounded in a combat environment.” c. The applicant’s service record is void of documentation awarding him the Army Good Conduct Medal. He meets the criteria for this award in that: * he received awards and certificates for exceptional performance during his active service * he served honorably and without disciplinary action in excess of 4 years * his service record does not contain evidence of nonjudicial punishment or court-martial convictions d. Orders 258-0225, dated 15 September 2003, released the applicant from active duty with an effective date of 30 November 2003. e. He was honorably released from active duty on 30 November 2003. His DD Form 214 shows he completed 4 years, 6 months, and 12 days of active service. Block 12f (Foreign Service) shows 2 years, 4 months, and 3 days. Block 18 (Remarks) further noted “Service in Southwest Asia from 20030403 - 20030806.” It also shows he was awarded or authorized: * Army Lapel Button * Army Commendation Medal (2nd Award) * National Defense Service Medal. * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Kosovo Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar f. Orders D-03-707462, dated 27 March 2007, honorably discharged the applicant from the U.S. Army Reserve with an effective date of 27 March 2007. 5. On 15 February 2023, a member of the Defense Finance Accounting Services staff provided email verification to confirm the applicant’s deployment to Kuwait from 17 April 2003 to 7 August 2003. 6. A review of the applicant’s service record confirms awards were omitted from his DD Form 214. The awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider his request to add foreign service credit and additional awards to his DD Form 214. 7. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 8. By regulation (AR 600-8-22), a. The Combat Medical Badge is awarded to medical department personnel (colonel and below) who satisfactorily perform medical duties while assigned or attached to a Combat Arms unit of brigade or smaller size which is engaged in active ground combat. 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. 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) 9. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there was insufficient evidence the applicant was engaged in active ground combat. The Board agreed, based on the evidence in the applicant’s record, he met the criteria for award of the Iraq Campaign Medal. In addition, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 19 March 1999 to 30 November 2003. Based on this the Board determined partial relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal and the Iraq Campaign Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 19 March 1999 to 30 November 2003 and adding the medal to his DD Form 214 for the period ending 30 November 2003 and the Iraq Campaign Medal. 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 award of the Combat Medical Badge. 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): A review of the applicant’s service records shows he is authorized an additional award not annotated on his DD Form 214 for the service period ending 30 November 2003. As a result, correct his DD Form 214 by awarding: Global War on Terrorism Service Medal. REFERENCES: 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. This provision of law also allows the 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 600-8-22 (Military Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. The Combat Medical Badge is awarded to medical department personnel (colonel and below) who satisfactorily perform medical duties while assigned or attached to a Combat Arms unit of brigade or smaller size which is engaged in active ground combat. 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. c. 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. d. 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) 4. Army Regulation 635-5(Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007579 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1