IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080006749 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Iraq and his Army Commendation Medal (ARCOM).  He also requests award of the “Global War on Terrorism Medal,” the “Operation Enduring Freedom Ribbon” (i.e., the Afghanistan Campaign Medal), and the “Iraq Freedom Medal” (i.e., the Iraq Campaign Medal).

2.  The applicant states he served in Iraq from March 2003 to July 2003.   

3.  The applicant provides his DD Form 214; three orders for the Army Achievement Medal (AAM); a Certificate of Achievement; a Good Conduct Medal award certificate; and two orders for the ARCOM.

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 6 May 1999.  He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).

3.  Headquarters, 3d Brigade, 3d Infantry Division, Permanent Orders Number 138-12, dated 17 May 2000, awarded the applicant the AAM for meritorious achievement.

4.  Headquarters, 2d Battalion, 69th Armor, Permanent Orders Number 170-23, dated 19 June 2001, awarded the applicant the AAM for meritorious achievement.

5.  Headquarters, 2d Battalion, 69th Armor, Permanent Orders Number 231-06, dated 19 August 2001, awarded the applicant the AAM for meritorious achievement as the commander’s gunner during Operation Desert Spring for the period 31 March 2002 to 20 September 2002.

6.  Headquarters, 2d Battalion, 69th Armor, Permanent Orders Number 144-01, undated, awarded the applicant the Army Good Conduct Medal.

7.  Headquarters, 3d Infantry Division and Fort Stewart, Order Number 123-79, dated 3 May 2003, awarded the applicant the ARCOM for exceptionally meritorious service while serving as the executive officer’s gunner in Iraq in support of Operation Iraqi Freedom during the period 20 March 2003 to 30 April 2003.  

8.  Headquarters, 3d Brigade, 3d Infantry Division, Permanent Orders Number 279-6, dated 6 October 2003, awarded the applicant the ARCOM for meritorious service during the period 27 November 1999 to 30 November 2003.

9.  On 30 November 2003, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded one AAM, the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) does not show any deployments.  Item 12f (Foreign Service) does not show he completed any foreign service.

10.  Operation Desert Spring (31 December 1998 through 18 March 2003) was part of an operation in Kuwait that was established following Operations Desert Shield and Desert Storm.  Its mission was to maintain a forward presence and provide control and force protection over Army forces in Kuwait.

11.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days, are authorized this award.

12.  Army Regulation 600-8-22 states 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. 

13.  Army Regulation 600-8-22 states individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  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 OEF.

14.  Army Regulation 600-8-22 states 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.  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.

15.  Army Regulation 600-8-22 states 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.

16.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item     18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended he served in Iraq from March 2003 to July 2003.  However, the available evidence only supports his being in Iraq from 20 March 2003 to 30 April 2003.  In the absence of evidence (such as leave and earnings statements or travel vouchers) supporting a longer deployment in Iraq, the applicant’s DD Form 214 should be amended to show he served in Iraq from    20 March 2003 to 30 April 2003.

2.  In addition, the available evidence shows the applicant deployed to Kuwait from 31 March 2002 to 20 September 2002.  This deployment should also be added to his DD Form 214.

3.  Based upon the applicant’s currently-verifiable service in Kuwait and Iraq, item 12f of his DD Form 214 should be amended to show he served 7 months and 6 days of foreign service.

4.  The applicant provided sufficient evidence to show he was awarded three awards of the AAM (instead of the one award shown on his DD Form 214), two awards of the ARCOM, and one award of the Army Good Conduct Medal.  His DD Form 214 should be amended to add these awards.

5.  The applicant requested award of the “Global War on Terrorism Medal,” the Afghanistan Campaign Medal, and the Iraq Campaign Medal.

6.  There is no evidence of record to show the applicant served in Afghanistan during Operation Enduring Freedom; therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Afghanistan Campaign Medal.


7.  The applicant met the eligibility criteria for award of the Global War on Terrorism Service Medal, and this award should be added to his DD Form 214.

8.  Based upon the applicant’s service in Iraq, he met the eligibility criteria for both the Global War on Terrorism Expeditionary Medal and the Iraq Campaign Medal.  No service member is entitled to both medals for the same act, achievement or period of service.  Since the applicant specifically requested the Iraq Campaign Medal, the Iraq Campaign Medal with one bronze service star should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  ___xx___  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:

     a.  deleting the Army Achievement Medal from his DD Form 214; 

     b.  adding the Army Achievement Medal (three awards), the Army Commendation Medal (two awards), the Army Good Conduct Medal; the Iraq Campaign Medal with one bronze service star, and the Global War on Terrorism Service Medal to his DD Form 214;

     c.  amending item 18 of his DD Form 214 to show he served in Kuwait from 31 March 2002 to 20 September 2002 and in Iraq from 20 March 2003 to 30 April 2003;  and

     d.  amending item 12f of his DD Form 214 to show he served 7 months and   6 days of foreign service.

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 showing he served in Iraq from March 2003 to July 2003 or that he was awarded the Afghanistan Campaign Medal. 




 _    _____xxxxx____________
       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)                                         AR20080006749





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ABCMR Record of Proceedings (cont)                                         AR20080006749



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