IN THE CASE OF:	  

		BOARD DATE:	       3 MARCH 2009

		DOCKET NUMBER:  AR20080018508 


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 correction of his military records to show that he was awarded the Iraq Campaign Medal and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states, in effect, the awards were omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He states he served in Iraq from 24 April 2003 to 25 July 2003 and recently realized the decorations were not reflected on his DD Form 214.  He states he can receive reduced tuition fees to attend Pace University if the awards are reflected on his DD Form 214.

3.  The applicant provides a copy of his 2003 DD Form 214 and a pre-deployment health assessment form.

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.  Records available to the Board indicate the applicant entered active duty as a Regular Army enlisted Soldier on 30 June 1999.  He was honorably released from active duty on 30 November 2003 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 18 (Remarks) on his 2003 DD Form 214 noted the applicant was deployed in support of Operation Iraqi Freedom from 24 April 2003 to 25 July 2003.  His DD Form 214 does not reflect entitlement to the Iraq Campaign Medal or the GWOTSM.

3.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  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].  

4.  The Department of Defense issued a directive designating the following four qualifying phases of Operation Iraqi Freedom: Liberation of Iraq from 19 March 2003 to 1 May 2003; Transition of Iraq from 2 May 2003 to 28 June 2004; Iraqi Governance from 29 June 2004 to 15 December 2005; and National Resolution from 16 December 2005 to a date to be determined.  A bronze service star, affixed to the Iraq Campaign Medal, denotes each qualifying phase.

5.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in 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, or 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. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served a qualifying tour of duty in Iraq for award of the Iraq Campaign Medal.  Furthermore, he served during two qualifying phases of Operation Iraqi Freedom.  Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars.

2.  The applicant’s records also show he completed a period of service that qualifies him for award of the GWOTSM which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

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 showing he is entitled to the Iraq Campaign Medal with two bronze service stars and the GWOTSM.



      ___________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)                                         AR20080018508



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018508



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1