IN THE CASE OF:	

		BOARD DATE:	      30 JUNE 2009

		DOCKET NUMBER:  AR20090003586 


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 request correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states that he served in Iraq from 30 April 2003 to 25 June 2003 and that he was not aware of these awards. 

3.  The applicant provides a copy of his DD Form 214, dated 15 August 2003, and a computer printout, dated 13 January 2009, pertaining to the criteria for award of the Iraq Campaign Medal, 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 he enlisted in the Regular Army for a period of 3 years on 31 October 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Light Vehicle Mechanic).  He was honorably discharged in the rank/grade of private first class/E-3 on 15 August 2003.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, shows he was awarded the National Defense Service Medal and the Army Service Ribbon.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Iraq in support of Operations Iraqi Freedom from 30 April 2003 to 25 June 2003.  He was assigned to Headquarters and Headquarters Battery, 4th Battalion, 27th Filed Artillery Regiment. 

5.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003.  It 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.  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; or (2) while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; 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 Global War on Terrorism Expeditionary Medal.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the Global War on Terrorism Expeditionary Medal may be authorized to any individual; therefore, second or subsequent awards will not be awarded.  



6.  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.  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. 

7.  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.

8.  Review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.   

2.  The evidence of record shows the applicant served in Iraq from 30 April 2003 to 25 June 2003 in support of Operation Iraqi Freedom.  This period of service entitles him to award of the Iraq Campaign Medal.  Furthermore, the applicant participated in two campaigns (the Liberation of Iraq and the Transition of Iraq) during his service in Iraq.  Therefore, he is also entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal. 

3.  There is no evidence that the applicant performed a second tour in Iraq.  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.  Since the applicant listed the Iraq Campaign Medal first and is entitled to this award, he is not entitled to award of the Global War on Terrorism Expeditionary Medal. 

4.  The evidence of record shows that the applicant served a qualifying period for award of 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.




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 awarding the applicant the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal; and adding these awards to his DD Form 214.

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 award of the Global War on Terrorism 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)                                         AR20090003586



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ABCMR Record of Proceedings (cont)                                         AR20090003586



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