IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090000548 


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 orders and certificates for the National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), Armed Forces Service Medal (AFSM), Armed Forces Expeditionary Medal (AFEM) and Iraq Campaign Medal (ICM).  He also requests these awards (except for the NDSM because it already is entered on his separation document) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he attempted to resolve the absence of these awards when he was out processing from active duty to no avail.

3.  The applicant provides information concerning the requested awards which he obtained from the internet.

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 28 September 1999, was awarded the military occupational specialty of finance specialist, and was promoted to pay grade E-4.

3.  The applicant served in Iraq from 4 April to 11 August 2003.

4.  He was honorably released from active duty on 20 December 2003.  His DD Form 214 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Physical Fitness Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.

5.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

6.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is awarded to Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area 

of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Permanent orders are NOT required. 

7.  Army Regulation 600-8-22 states 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).  This campaign medal may be awarded posthumously.

8.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April  2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  

9.  Soldiers are authorized a bronze service star to be affixed on the Iraq Campaign Medal for the following campaigns:

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 

10.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

11.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

12.  Department of Defense 1348.33-M provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for          30 consecutive or 60 nonconsecutive days.  Iraq is not an area authorized the Armed Forces Expeditionary Medal.

13.  Army Regulation 600-8-22 requires orders to be published for discretionary awards and decorations and for badges.  However, this regulation does not require orders (or certificates) for the GWOTSM, GWOTEM, or any campaign or service medals.  Soldiers are entitled to these awards by virtue of their service so orders are not required.

14.  In a phone conversation between the Board's staff and the applicant, the applicant stated that if he only had the option of either the GWOTEM and the ICM, he would like the ICM.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a period which would entitle him to either the GWOTEM or the ICM.  Since the applicant requested the ICM, it would be appropriate to add this award to his DD Form 214.  

2.  Since the applicant served in Iraq during two campaigns, it would also be appropriate to show that he was awarded 2 bronze service stars to be affixed to his ICM.

3.  Based on the dates the applicant served on active duty, he is also entitled to the GWOTSM.  

4.  However, since the applicant served in Iraq, he would have been subject to foreign armed opposition or imminent threat of hostile actions.  As such, he does not meet the criteria for award of the AFSM or AFEM.

5.  Since service and campaign medals are not announced in orders nor are certificates issued for service medals, there is no basis for granting this portion of the applicant's request.

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 adding to his DD Form 214 the GWOTSM and the ICM with 2 bronze service stars.

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 AFSM and orders and certificates for his service medals.  




      _______ _  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)                                         AR20090000548





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000548



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1