IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001516 


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 correction of his records to show his service in the Middle East and all the awards and decorations he is entitled to as a result of this service.

2.  The applicant states, in effect, that his service in the Middle East as well as his awards and decorations are not shown on his records. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2003; a copy of Memorandum, dated 22 June 2003, Deployment Cycle System Validation; and a copy of Memorandum, dated 26 June 2003, Redeployment Authorization.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The evidence of record shows that Item 12f (Foreign Service) of the applicant’s DD Form 214 contains the entry “0000  05  12,” which reflects the applicant completed 5 months and 12 days of foreign service.  Item 18 (Remarks) of the same DD Form 214 contains the entry “Soldier has service in Kuwait/Iraq: 030301 – 030812.”  The applicant’s period of service in the Middle East is correctly shown on his DD Form 214.  Therefore, the applicant’s issue concerning his service in the Middle East not being documented on his DD Form 214 will not be discussed further in the Record of Proceedings.

3.  The applicant's records show that he enlisted in the Regular Army for a period of 4 years on 17 June 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31F (MSE [Mobile Subscriber Equipment] Network Switch Systems Operator).  He was honorably released from active duty on 30 November 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement). The highest rank/grade he held during his military service was specialist (SPC)/E-4.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Air Assault Badge, and the Driver and Mechanic Badge. 

5.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 5 months and 12 days of foreign service.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Kuwait and Iraq from 1 March 2003 to 12 August 2003.

7.  Memorandum, dated 22 June 2003, published by the 501st Signal Battalion, Mosul, Iraq, shows the applicant completed Operation Iraqi Freedom outprocessing in accordance with the Commander Coalition Forces Land Component Command (CFLCC) guidance.

8.  Memorandum, dated 26 June 2003, published by the 501st Signal Battalion, Mosul, Iraq, shows the applicant was authorized redeployment from Iraq on or about 30 June 2003 for the purpose of expiration of term of service (ETS).  



9.  Headquarters, 3rd Brigade, 101st Airborne Division (Air Assault), Permanent Orders Number 181-035, dated 30 June 2003, show the applicant was awarded the Army Commendation Medal for exemplary service during combat operations in Iraq from 19 March 2003 to 1 January 2004.

10.  Army Regulation 600-8-22 (Military Awards) states that 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 the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 
Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	(1)  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

	(2)  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. 

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons 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 Global War on Terrorism Expeditionary Medal for such service.  No service 


member will be entitled to both medals for the same act, achievement or period of service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties,

	(2)  is wounded or injured and requires medical evacuation from the area of eligibility, or 
	
	(3)  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

The following rules, in effect, apply to award of the Iraq Campaign Medal:  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service. 

12.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003, and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant participated in the Global War on Terrorism in support of Operation Iraqi Freedom outside of the AOE during a qualifying period.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his records to show this award.

2.  The evidence of record also shows that the applicant's service in Iraq from 1 March 2003 to 12 August 2003 qualifies him for award of the Iraq Campaign Medal.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is therefore entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.

3.  Permanent Orders awarded the applicant the Army Commendation Medal for exemplary service during combat operations in Iraq from 19 March 2003 to 12 August 2003 (erroneously shown on the award certificate as 12 January 2004), which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars.


								XXX
      _______________________
      	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.
ABCMR Record of Proceedings (cont)                                         AR20080001516



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ABCMR Record of Proceedings (cont)                                         AR20080001516



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