IN THE CASE OF:	 

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080017594 


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, all the awards and decorations he is entitled to receive as a result of his service in Iraq and Kuwait.

2.  The applicant states that he needs this correction to establish entitlement to Veterans Readjustment Appointment (VRA) program preference.

3.  The applicant provides his separation document (DD Form 214).

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 records show that he enlisted in the Regular Army on 29 March 2000, was awarded the military occupational specialty of finance specialist, and was promoted to pay grade E-4.
3.  The applicant was honorably released from active duty on 28 March 2004 at the expiration of his term of service.  The DD Form 214 he was issued shows that he served in Kuwait from 2 March to 22 April 2003, and he served in Iraq from 23 April to 11 November 2003.  However, his DD Form 214 does not list any campaign medals.  His DD Form 214 only lists the Army Commendation Medal, Army Achievement Medal (2nd award), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

4.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (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. 
Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

   a.  Initial award of the GWOTSM is limited to airport security operations 
(from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

   b.  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 the GWOTSM. 

5.  Army Regulation 600-8-22 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  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.

6.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in the Global War on Terrorism (GWOT) operations outside of the designated AOE during a qualifying period of service.  Therefore, he is entitled to award of the GWOTSM and to have it added to his DD Form 214.

2.  The applicant served in Iraq in support of OIF from 23 April to 11 November 2003.  Therefore, he is entitled to the Iraq Campaign Medal with 2 bronze service stars and to have it added to his DD Form 214.

BOARD VOTE:

___X____  ___X____  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Global War on Terrorism Service Medal and the Iraq Campaign Medal with 2 bronze service stars to his DD Form 214.



      __________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)                                         AR20080017594



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ABCMR Record of Proceedings (cont)                                         AR20080017594


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