IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080014040 


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 he be authorized the Iraq Campaign Medal instead of the Global War on Terrorism Expeditionary Medal.  He further requests that his award of the Meritorious Service Medal and the Vietnam Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 March 2004.

2.  The applicant states that his DD Form 214 needs to be updated to include these awards.

3.  The applicant provides no additional evidence or official documentation 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 military personnel record shows he was inducted on 17 May 1966 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13E (Field Artillery Operator/Intelligence Specialist).

3.  On 16 May 1968, the applicant was released from active duty due to the expiration of his term of service.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 May 1968 shows the applicant completed 1 year and 1 day of foreign and/or sea service and the last theater he served in was the Republic of Vietnam.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he was authorized the Vietnam Service Medal.

4.  On 17 June 1982, the applicant enlisted in the U.S. Army Reserve and continued to serve until his retirement.

5.  The applicant's DD Form 214 with a separation date of 30 March 2004 covers a period of active duty from 3 January 2003 to 30 March 2004.  Item 12f (Foreign Service) shows he served 11 months and 17 days of foreign service.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 30 March 2004 does not contain an entry showing the applicant is authorized the Vietnam Service Medal.

7.  Item 18 (Remarks) of the applicants DD Form 214 with a separation date of 
30 March 2004 indicates the applicant was ordered to active duty in support of Operation ENDURING FREEDOM.  Item 18 also contains an entry that he "provided support for Operation ENDURING/IRAQI FREEDOM while serving in Iraq/Kuwait from 030228 thru 040214" (28 February 2003 through 14 February 2004).

8.  The Memorandum for Record, dated 30 September 2004, from the 802nd Ordnance Company (Ammo), Gainesville, Georgia provided a list of Soldiers who were awarded the Global War on Terrorism Expeditionary Medal in recognition for their service while deployed to Kuwait in support of Operation IRAQI FREEDOM.  The applicant's name is included on this list.

9.  The applicant was placed on the Retired List on 12 June 2005.

10.  A certificate for the award of the Meritorious Service Medal indicated the Meritorious Service Medal was awarded to the applicant by 81st Regional Readiness Command, Birmingham, Alabama Permanent Order 214-004, dated 
2 August 2006.  The period covered for this award is from 1 July 1994 to 30 June 2004.

11.  Army Regulation 635-5 (Separation Documents) provides in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the 
DD Form 214.

12.  Army Regulation 635-5, then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed be entered in Item 22c.  

13.  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.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations (each day of operations counts as one day of eligibility).

14.  Army Regulation 600-8-22 provides that the initial award of the Global War on Terrorism Expeditionary Medal is limited to soldiers deployed abroad in operations ENDURING FREEDOM and IRAQI FREEDOM in the following 
Department of Defense designated specific geographic areas of eligibility: 



Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, 
Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 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.  To be eligible for the Global War on Terrorism Expeditionary Medal a soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

15.  Army Regulation 600-8-22 provides that 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. 

DISCUSSION AND CONCLUSIONS:

1.  As provided for in the regulation the applicant requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

2.  The Memorandum for Record indicates the applicant was awarded the Global War on Terrorism Expeditionary Medal in recognition for his service while deployed to Kuwait in support of Operation IRAQI FREEDOM.  The entry in 
Item 18 of his DD Form 214 with a separation date of 30 March 2004 indicates the applicant served from 28 February 2003 through 14 February 2004 in Iraq and Kuwait.  There is insufficient evidence to show he served in the Iraq area of eligibility for a period of 30 consecutive days or 60 nonconsecutive days, that he was engaged in combat, or that he was wounded in the area of eligibility.  Therefore, there is insufficient evidence to authorize the applicant the Iraq Campaign Medal.





3.  The Memorandum for Record and the entry In Item 18 of the applicant's 
DD Form 214 is sufficient evidence to show the applicant is authorized the Global War on Terrorism Expeditionary Medal.  Therefore, it is appropriate to amend his DD Form 214 with a separation date of 30 March 2004 to show he is authorized this award.

4.  The applicant contends the award of the Meritorious Service Medal and the Vietnam Service Medal should be included on his DD Form 214 with a separation date of 30 March 2004.

5.  The period of service covered by the award, from 1 July 1994 to 30 June 2004, of the Meritorious Service Medal extends beyond the period covered by his DD Form 214 with a separation date of 30 March 2004.  On the date of his release from active duty, 30 March 2004, the applicant had not been awarded the Meritorious Service Medal.  There are no provisions for including an award earned after a member has been released from active duty on a previously issued DD Form 214.

6.  The entries contained on the applicant's DD Form 214 with an effective date of 16 May 1968 are sufficient to show the applicant is authorized the Vietnam Service Medal.  Therefore, it is appropriate to amend his DD Form 214 with a separation date of 30 March 2004 to show he is authorized the Vietnam Service Medal.

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 the applicant's DD Form 214 with a separation date of 
30 March 2004 to include the Vietnam Service Medal and the Global War on Terrorism Expeditionary Medal.

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 Meritorious Service Medal and the Iraq Campaign Medal.



      __________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)                                         AR20080014040



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014040



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1