IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080012205 


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 award of the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.  The applicant further requests a second award of the Presidential Unit Citation be entered on his DD form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 March 2004.

2.  The applicant states these awards were approved after his separation from active duty and were not entered on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, three computer printouts from the Department of Veterans Affairs, and a letter from the National Personnel Records Center.

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 military personnel record shows he initially enlisted in the U.S. Navy Reserve on 21 September 1964.  On 24 November 1965, he enlisted in the Regular Army.

3.  The applicant was assigned to the 1st Battalion, 12th Cavalry in the Republic of Vietnam during the period from 12 June 1966 to 2 April 1967.  During this period his unit was awarded the Presidential Unit Citation (Army) (Department of the Army General Order Number 47, dated 1968).

4.  On 23 March 1970, the applicant was released from active duty.  He had completed 4 years and 4 months of active service that was characterized as honorable.

5.  The applicant served in the U.S. Army Reserve (USAR) and the South Carolina Army National Guard until he enlisted in the U.S. Marine Corps (USMC) 
on 28 December 1971.  He was discharged from the USMC on 27 March 1978.

6.  The applicant then enlisted in the Army National Guard (dates unknown) and the USAR.  He served a period of active duty in the USAR during the period from 5 July 1983 to 4 August 1986.

7.  On 5 March 2003, the applicant was ordered to active duty for a period not to exceed 365 days to report no later than 2 April 2003 for partial mobilization in support of Operation Enduring Freedom.  There is no evidence of which unit the applicant was assigned to when he deployed to Iraq.

8.  On 30 March 2004, the applicant was released from active duty by reason of his completion of his required active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not contain entries for the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, or the Global War on Terrorism Service Medal.  Item 13 does show the applicant is authorized one award of the Presidential Unit Citation (Army).

9.  Item 18 (Remarks) shows the applicant was ordered to active duty in support of Operation Enduring Freedom and served in imminent danger areas in Iraq from 13 April 2003 to 14 January 2004 and in Kuwait from 14 January 2004 to 
6 March 2004.

10.  On 10 April 2006, the applicant was transferred to the Retired Reserve.
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. 

12.  Based on the applicant's service in Iraq, he served in the following campaigns: the Liberation of Iraq (19 March 2003 – 1 May 2003) and the Transition of Iraq (2 May 2003 - 28 June 2004).

13.  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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq.  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. 

14.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award 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, 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 this award.  

15.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Iraq Campaign Medal.   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and a second award of the Presidential Unit Citation.

2.  The applicant had only one continuous period of service in support of the Global War on Terrorism.  During this period he served in Iraq from 13 April 2003 to 14 January 2004.  Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars.

3.  Army Regulations do not permit authorization of the Global War on Terrorism Expeditionary Medal using the same continuous period of service used for the Iraq Campaign Medal.  Therefore, the applicant is not authorized the Global War on Terrorism Expeditionary Medal.

4.  The applicant's record does not show 30 consecutive days or 60 non-consecutive days of active service outside the areas establishing eligibility for award of the Global War on Terrorism Service Medal.  Therefore, he is not authorized this award.

5.  There is no evidence in the applicant's military personnel record of his being authorized a second Presidential Unit Citation (Army).  Therefore, a second Presidential Unit Citation (Army) cannot be added to his DD Form 214.

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 Item 13 of his DD Form 214 with a separation date of 30 March 2004 to show he is authorized the Iraq Campaign Medal with two bronze service stars.

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 the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal and a second award of the Presidential Unit Citation.  




      _______ _ 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)                                         AR20080012205



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ABCMR Record of Proceedings (cont)                                         AR20080012205



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