IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080006675 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2003 to show all awards and decorations he is entitled to for his service on Operations Enduring Freedom and Iraqi Freedom.

2.  The applicant states that his DD Form 214 does not show Operations Enduring Freedom and Iraqi Freedom medals.

3.  The applicant provides copies of his DD Form 214, an Operation Enduring Freedom Certificate of Appreciation, and an Operation Iraqi Freedom Certificate of Achievement.

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 applicant enlisted in the Regular Army on 29 October 1998.  He was honorably separated from active duty on 20 December 2003. 

3.  Item 18 (Remarks) of the applicant’s DD Form 214 for the period ending 20 December 2003 shows the entries, "SERVICE IN DJIBOUTI AFRICA 20020923-20030225//SERVICE IN KUWAIT/IRAQ 20030228-20030703."  His DD Form 214 does not show award of the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, or the Global War on Terrorism Service Medal.

4.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The area of eligibility (AOE) encompasses all land area of the country of Afghanistan and in the following AOE:  Algeria, Bahrain, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

5.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.

6.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. 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 Operation Iraqi Freedom.  A bronze service star is authorized for the following campaigns:  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, and National Resolution 16 December 2005 – Date to be determined.

7.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

Based on the applicant's DD Form 214 that shows he was deployed in support of Operations Enduring Freedom and Iraqi Freedom, he is eligible for awards of the Global War on Terrorism Expeditionary Medal for his service in Djibouti, Africa; the Iraq Campaign Medal with two bronze service stars for his service in Iraq; and the Global War on Terrorism Service Medal.  These awards should be added to his DD Form 214.

BOARD VOTE:

___xx___  ___xx___  __xx____  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 amending his DD Form 214 in item 13 to add the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal.



      _________xxxx____________
                 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)                                         AR20080006675



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ABCMR Record of Proceedings (cont)                                         AR20080006675



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