IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080013396 


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 award of the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), and the Iraqi Freedom Campaign Medal (sic).  He also requests that he be sent the medal sets for each award because they were never issued.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of his ARCOM and AAM orders, and a copy of his GWOTEM award 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 had a period of Regular Army service from 23 July 1973 through 31 July 1974.  He was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), paragraph 13-5b(3), by reason of unsuitability – apathy, defective attitudes or inability to expend effort constructively.

3.  On 7 July 1998, the applicant enlisted in the West Virginia Army National Guard (WVARNG) for a period of 4 years.  On 27 April 2001, he reenlisted for a period of 6 years.

4.  On 10 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom.  He was honorably discharged on 15 January 2004 under the provisions of Army Regulation 635-40, chapter 4-24b(3), by reason of disability, severance pay.  He was credited with 11 months and 6 days of active duty this period and received $3,648.00 in severance pay.

5.  State of WV, Adjutant General's Department, Charleston, WV, Orders
042-606, dated 11 February 2004, discharged the applicant from the WVARNG and as a Reserve of the Army, effective 15 January 2004, under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management) paragraph 8-26j(1), by reason of medically unfit for retention.

6.  The applicant's DD Form 214 shows that he served in Southwest Asia from
1 May – 14 July 2003.  The applicant provided a copy of a memorandum from the Office of the Adjutant, WVARNG, dated 6 June 2004, which indicates that the applicant was entitled to award of the GWOTEM.  This award is not shown on his DD Form 214.

7.  Headquarters, 800th Military Police Brigade, Camp Arifjan, Kuwait, Permanent Orders Number 346-091, dated 12 December 2003, awarded the applicant the ARCOM for the period 10 February – 1 November 2003.  This award is not shown on his DD Form 214.

8.  WVARNG, Permanent Orders Number 5-1, dated 1 July 1999, awarded the applicant the AAM for the period 1-15 November 1998.  This award is not shown on his DD Form 214.


9.  Army Regulation 600-8-22 (Military Awards) states that the 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. 

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal (ICM) 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 ICM 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. Listed below are the authorized campaigns to date:

IRAQ CAMPAIGN PHASES/INCLUSIVE PERIOD
LIBERATION OF IRAQ /19 MAR 2003-1 MAY 2003
TRANSITION OF IRAQ /2 MAY 2003-28 JUN 2004
IRAQI GOVERNANCE /29 JUN 2004-15-DEC 2005
NATIONAL RESOLUTION/16 DEC 2005-DATE TO BE DETERMINED

11.  Service members qualified for the GWOTEM by reasons 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.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the ARCOM during the period from 10 February 2003 to 1 November 2003.  Therefore, he is entitled to have this shown on his DD Form 214.

2.  The applicant was awarded the AAM by the WVARNG during the period 
1 November 1998 to 15 November 1998.  Therefore, he is entitled to have this award shown on his DD Form 214.

3.  The applicant had a qualifying period of service for award of the GWOTSM. Therefore, he is entitled to have this award shown on his DD Form 214.

4.  The applicant had a qualifying period of service in Iraq for award of the ICM.  Regulatory guidance allows the applicant to select the ICM in lieu of the already-awarded GWOTEM as the representative medal of his service in Iraq; however, he may not be awarded both the GWOTEM and ICM for the same period of service.  Therefore, the applicant's record should be corrected to show award of the ICM with two bronze service stars as the more representative medal of his service in Iraq.

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:

	a.  adding the ARCOM and AAM to the applicant's 15 January 2004 DD Form 214;

   b.  adding the ICM with two bronze service stars to the applicant's 15 January 2004 DD Form 214 to show this award; and
   
   c.  adding award of the GWOTSM to the applicant's 15 January 2004
DD Form 214.





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 correction of his DD Form 214 to show award of the GWOTEM.


															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)                                         AR20080013396



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ABCMR Record of Proceedings (cont)                                         AR20080013396



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