IN THE CASE OF:	  

		BOARD DATE:	        12 MAY 2009

		DOCKET NUMBER:  AR20080019963 


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 Global War on Terrorism Expeditionary Medal for his service in Kuwait from 23 January 2003 to 20 March 2003 and the Iraq Campaign Medal in lieu of the Armed Forces Expeditionary Medal for his service in Iraq from 20 March 2003 to 14 July 2003.

2.  The applicant states that he was assigned as the S-1 of a battalion that deployed to Kuwait on or about 20 January 2003 in support of Operation Enduring Freedom and that his battalion participated in the invasion of Iraq on 20 March 2003.  He returned to Kuwait in late June 2003 and redeployed to Fort Stewart, GA, in July 2003. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2003, in support of his application.   

4.  On 23 April 2009, the applicant submitted a copy of a memorandum, issued by B Company, 1st Battalion (Mechanized), 8th Infantry, 3rd Brigade, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 7 March 2000, showing award of the Armed Forces Expeditionary Medal.    

5.  On 27 April 2009, the applicant submitted a copy of Permanent Orders 3-3, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, dated 3 January 2003; a copy of his DA Form 67-9 (Officer Evaluation Report), for the 
period 20020515 through 20030514; and a copy of a citation to accompany award of the Bronze Star Medal, as additional documents in support of his request.

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 records show that he was appointed as an Air Defense Artillery (ADA) second lieutenant in the U.S. Army Reserve (USAR), executed an oath of office, and entered active duty on 30 May 1998.  He subsequently completed the ADA Officer Basic Course and the Engineer Officer Advanced Course and was promoted to first lieutenant on 13 November 1999 and captain on 1 December 2001.  He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 30 November 2003.

3.  Item 13 of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal (2nd Award), the Army Service Ribbon, the Army Lapel Button, and the Air Assault Badge.  Item 13 does not show award of the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, or the Global War on Terrorism Service Medal.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq in support of Operations Enduring/Iraqi Freedom from 23 January 2003 to 14 July 2003.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 3rd Air Defense Artillery, 3rd Infantry Division.

5.  The applicant submitted a memorandum, issued by B Company, 1st Battalion, 8th Infantry, Fort Carson, on 7 March 2000, that shows he was awarded the Armed Forces Expeditionary Medal for participating in Operation Intrinsic Action/Desert Spring Rotation 99-03 from 15 August 1999 to 22 December 1999.
6.  Although there is no documentary evidence of record, the applicant appears to have been awarded his second award of the Armed Forces Expeditionary Medal for his service in support of Operations Enduring/Iraqi Freedom from
23 January 2003 to 14 July 2004. 

7.  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.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  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 or meet one of the following criteria (1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; (2)  is wounded or injured and requires medical evacuation from the area of eligibility, or (3)  while participating 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. 

8.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Liberation of Iraq, 19 March 2003 to 1 May 2003; and the Transition of Iraq, 2 May 2003 to 28 June 2004, campaigns during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.


9.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 
Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria (1)  be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2)  is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or (3)  service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 

10.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not 
associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, 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 and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. 
11.  Review of the applicant’s records indicates his entitlement to an additional award which is not shown on his records.  

12.  Army Regulation 600-8-22 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: (1)  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 (2)  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Global War on Terrorism Expeditionary Medal for his service in Kuwait from 23 January 2003 to 20 March 2003 and the Iraq Campaign Medal in lieu of the Armed Forces Expeditionary Medal for his service in Iraq from 20 March 2003 to 14 July 2003. 

2.  The evidence of record shows that the applicant served a qualifying period of service for the Global War on Terrorism Service Medal, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record further shows that the applicant received an Armed Forces Expeditionary Medal for his service in Kuwait/Iraq in support of Operations Enduring/Iraqi Freedom.  By regulation, members may not receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  The applicant elected to receive the Iraq Campaign Medal in lieu of the Armed Forces Expeditionary Medal.  Therefore: 

	a.  the applicant is entitled to the Global War on Terrorism Expeditionary Medal for his service in Kuwait from 23 January 2003 to 20 March 2003 in support of Operation Enduring Freedom and correction of his records to show this award; and 

	b.  the applicant is entitled to the Iraq Campaign Medal (in lieu of the Armed Forces Expeditionary Medal) for service in Iraq from 20 March 2003 to 14 July 2003 in support of Operation Iraqi Freedom.  Furthermore, the applicant participated in two campaigns (the Liberation of Iraq and the Transition of Iraq) during his service in Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars. 

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: 

	a.  deleting from item 13 of the applicant's DD Form 214 the Armed Forces Expeditionary Medal (2nd Award); and

	b.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Armed Forces Expeditionary Medal.



      _________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)                                         AR20080019963



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ABCMR Record of Proceedings (cont)                                         AR20080019963



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