IN THE CASE OF:	

		BOARD DATE:	10 September 2009  

		DOCKET NUMBER:  AR20090005162 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his awards for service in the Iraqi Theater (i.e., the Iraq Campaign Medal).

2.  The applicant states that he was deployed to Iraq in April 2003.  In July or August 2003, he was medically evacuated from the theater and was later discharged.  He never received any awards for his service.  He just wants his 
DD Form 214 reviewed and updated. 

3.  The applicant provides no documentation in support of his application. 

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.  After having had prior service, the applicant enlisted in the Regular Army on 21 July 2000.  He was awarded military occupational specialty (MOS) 21B (Combat Engineer).

3.  On or about 27 July 2000, the applicant was assigned for duty as a vehicle driver with B Company, 5th Engineer Battalion, located at Fort Leonard Wood, Missouri.

4.  On 25 July 2001, the applicant was reassigned to A Company of the same battalion.  He performed duty as a combat engineer, a heavy vehicle driver and a track vehicle driver.  

5.  On 24 February 2003, the applicant was reassigned to A Company (Forward), 5th Engineer Battalion.  

6.  Defense Finance and Accounting Service (DFAS) records show that the applicant served in Kuwait during the period from 5 April to 20 September 2003. 

7.  On 6 February 2004, the applicant was discharged due to physical disability.  He was awarded severance pay.  He had attained the rank of specialist, pay grade E-4 and had completed 3 years, 6 months, and 16 days of creditable active duty service during this period.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Commendation Medal (two awards), Army Achievement Medal, Army Good Conduct Medal, North Atlantic Treaty Organization Medal-Kosovo, Kosovo Campaign Medal, Army Service Ribbon, and the Driver and Mechanic Badge with Driver-T and Driver-W Bars.

9.  Item 18 (Remarks) the applicant's DD Form 214, states that he served in Kosovo during the period 5 November 2001 to 2 May 2002; and in Southwest Asia during the period 2 April to 10 August 2003.

10.  Award of the Kosovo Campaign Medal and the NATO Medal for Kosovo service are based on proof of service in support of specific operations beginning in March 1999 operations in the specified area of operations.  To be eligible for 


award of the Kosovo Campaign Medal an individual must be in a unit participating in operation for 30 consecutive days or 60 nonconsecutive and/or meet other established criteria or directly supporting the following operations:  Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operation Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian; or Hunter within areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense Campaign.  One bronze service star will be worn on the suspension and service ribbon of the Kosovo Campaign Medal for participation in each campaign.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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:  

   a.  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,

   b.  is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 

   c.  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. 

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.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add awards for his service in Iraq.

2.  The available evidence shows that the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, his records should be corrected to show this award.

3.  The available evidence shows that the applicant served in Kosovo from 
5 November 2001 to 2 May 2002 and was awarded the Kosovo Campaign Medal.  He is also authorized a bronze service star to be affixed to this medal.

4.  The available evidence indicates that the applicant served in Kuwait from on or about April to August or September 2003.  Therefore, he is authorized the Global War on Terrorism Expeditionary Medal.

3.  The available evidence does not show that the applicant served in Iraq.  Therefore, there is insufficient evidence at this time on which to add the Iraq Campaign Medal to his DD Form 214.  If the applicant can provide evidence to show he served in Iraq, and his dates of service in Iraq, he may reapply.  He should be aware that he would then have to make a decision as to whether he would like the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and a bronze service star to be affixed to his already-awarded Kosovo Campaign Medal. 

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 Iraq Campaign Medal.  




      _______ _   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)                                         AR20090005162





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ABCMR Record of Proceedings (cont)                                         AR20090005162



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