IN THE CASE OF:	  

	BOARD DATE:	  7 August 2008

	DOCKET NUMBER:  AR20080006744 


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, in effect, that his separation document (DD Form 214) be corrected to document his foreign service and to include the Iraq Campaign Medal (ICM), Global War on Terrorism (GWOT) awards, and the Parachutist Badge. 

2.  The applicant states, in effect, that he served on active duty in support of Operation Enduring Freedom through February 2004, and completed the Basic Airborne Course on 22 November 2002.

3.  The applicant provides Purple Heart (PH) Orders and Certificate; Parachutist Badge Orders, Jump Log, and Basic Airborne Course Certificate in support of his application.  

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's record confirms that on 15 November 2002, upon his completion of the basic airborne course, the applicant was awarded the Parachutist Badge.  

3.  On 13 December 2002, while serving as a member of the United States Army Reserve (USAR), the applicant was ordered to active duty in support of Operation Enduring Freedom.

4.  On 3 April 2003, the applicant was wounded in action in Iraq, and on 30 April 2003, he was awarded the PH.  

5.  The applicant's Official Military Personnel File (OMPF) contains a change of rater Noncommissioned Officer Evaluation Report (NCOER), in which the applicant was evaluated for his performance of duty as communications sergeant in Iraq during the period September 2003 through January 2004.  

6.  On 1 February 2004, the applicant was honorably released from active duty and returned to his USAR unit after completing 5 months and 20 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his REFRAD shows he earned the following awards:  Purple Heart; Army Achievement Medal (3rd Award); Army Reserve Component Achievement Medal; National Defense Service Medal; Armed Forces Reserve Medal with “M” (Mobilization) Device; Noncommissioned Officer Professional Development Ribbon; and Army Service Ribbon.  Item 18 (Remarks) shows he was ordered to active duty in support of Operation Enduring Freedom.  

7.  Headquarters, 4020 Civil Affairs Battalion, Tonawanda, New York, Memoranda, dated 31 August 2004, authorized a group of Soldiers, which included the applicant, the Global War on Terrorism Service Medal (GWOTSM), for their service in support of the GWOT on or after 11 September 2001, based on their service in support of Operation Noble Eagle and Operation Iraqi Freedom; and the Global War on Terrorism Expeditionary Medal (GWOTEM), for qualifying service in an authorized area of expedition (AOE) on or after 
11 September 2001.  




8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-17 provides guidance on the ICM.  It states, in pertinent part, that it is authorized for service in Iraq 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  

9.  Paragraph 2-17 of the awards regulation further stipulates that members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal. However, upon application, any such member may be awarded the ICM in lieu of the GWOTEM for such service.  No member will be entitled to both medals for the same act, achievement or period of service. 

10.  Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized for active duty service in support of the GWOT outside of designated areas of expedition on or after 11 September 2001.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The instructions for Item 12f (Foreign Service) state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 13 state, in pertinent part, that awards and decorations for all periods of service in the priority sequence specified in the awards regulation will be entered.  The instructions for Item 18 (Remarks) state, in pertinent part, that for a Reserve Component Soldier ordered to active duty and deployed to a foreign country, the entry in Item 18 will include 3 statements, one of which is "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to document his foreign service, the ICM, GWOT awards, and the Parachutist Badge was carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant completed the basic airborne course and was awarded the Parachutist Badge on 22 November 2002.  As a result, it would be appropriate to add this badge to Item 13 of his 2004 separation document at this time.  
3.  The evidence further shows that he served on active duty in support of the GWOT outside of a designated AOE between December 2002 and August 2003, and that he served in Iraq between September 2003 and January 2004.  As a result, he is entitled to GWOTSM and ICM, which should also be added to his record and Item 13 of his separation document at this time.  

4.  The applicant requested both the ICM and GWOTEM.  However, by regulation, he is entitled to only one of the awards for the same period of service. Since the recommendation is to add the ICM to the applicant’s separation document at this time, his is not entitled to the GWOTEM.

5.  In addition, based on his service in Iraq, Item 12f of his DD Form 214 should be corrected by deleting the current entry and replacing it with the entry 
"0000  05  00", and the entry "SERVICE IN IRAQ FROM 200309 - 200401" should be added to Item 18.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his 1 February 2004 DD Form 214 as follows:

	a.  Item 12f - delete the current entry and replace it with the entry
"0000  05  00";

	b.  Item 13 - add the Iraq Campaign Medal, Global War on Terrorism Service Medal, and Parachutist Badge; 

	c.  Item 18 - add the entry "SERVICE IN IRAQ FROM SEPTEMBER 2003 THROUGH JANUARY 2004"; and 

	d.  by providing him a correction to his separation document that includes these changes. 
2.  The Board further determined that 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 adding the Global War on Terrorism Expeditionary Medal on his separation document.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20080006744



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ABCMR Record of Proceedings (cont)                                         AR20080006744


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