IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090006053 


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, in effect, that he be awarded the Iraq Campaign Medal (ICM) and the Global War on Terrorism Service Medal (GWOTSM). 

2.  The applicant essentially states that he found out that he was entitled to have the aforementioned awards added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) after he arrived at his home of record.

3.  The applicant provides his DD Form 214 that was issued on 2 February 2004 with an accompanying DD Form 215 (Correction to DD Form 214) in support of this 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.  The applicant's military records show that he enlisted in the Regular Army on 2 January 1981 for a period of 3 years; however, on 23 July 1982, he was discharged under honorable conditions for failing to maintain acceptable standards for retention.  After a break in service, he enlisted in the United States Army Reserve on 5 May 1987.  He was ordered to active duty on 21 November 1990 in support of Operations Desert Shield and Desert Storm, and served in Southwest Asia from 11 January 1991 to 12 May 1991.  He was honorably released from active duty on 2 June 1991.  He was again ordered to active duty in support of Operation Enduring Freedom on 10 February 2003, and served in Iraq from 27 February 2003 to 19 December 2003.  On 2 February 2004, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty on 2 February 2004, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, as amended by a DD Form 215, shows that he was awarded the Army Achievement Medal, the Meritorious Unit Commendation, the Army Reserve Components Achievement Medal (4th Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Southwest Asia Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Army Reserve Components Overseas Training Ribbon (3rd Award), the Combat Action Badge, and the Purple Heart.  The applicant was transferred to the Retired Reserve on 28 May 2008.

3.  The applicant's DD Form 214 does not show that he was awarded the ICM.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars for the ICM.  One bronze service star shall be awarded for 1 or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, he participated in the Liberation of Iraq campaign (19 March 2003 to 1 May 2003) and the Transition of Iraq campaign (2 May 2003 to 28 June 2004).

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served in Southwest Asia from 11 January 1991 to 12 May 1991 and he was awarded the Kuwait Liberation Medal – Saudi Arabia (KLM-SA) awarded by the Kingdom of Saudi Arabia, but his DD Form 214 does not show that he was awarded the Kuwait Liberation Medal - Kuwait (KLM-KU) awarded by the Government of Kuwait.
6.  The applicant's DD Form 214 shows that he was awarded the Southwest Asia Service Medal, but it does not show any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) provides that one bronze service star will be affixed to the Southwest Asia Service Medal for each campaign a Soldier participates in.  Based upon the applicant's service in Saudi Arabia, he participated in the Defense of Saudi Arabia campaign (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait campaign (17 January 1991 to 11 April 1991) and the Southwest Asia Cease-Fire campaign (12 April 1991 to 30 November 1995).

7.  Army Regulation 600-8-22 provides, in pertinent part, that individuals authorized the ICM must have served in direct support of Operation Iraqi Freedom.  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 ICM 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 Operation Iraqi Freedom.  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 1 day of eligibility.  

8.  Army Regulation 600-8-22 also provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

9.  The KLM-KU awarded by the Government of Kuwait was approved on
9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

10.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the ICM and the GWOTSM.

2.  The applicant served in Iraq during a qualifying period for award of the ICM, and he participated in two campaigns during his tour in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the ICM with two bronze service stars.

3.  The applicant served on active duty outside the designated areas of eligibility for award of the GWOTEM during a qualifying period for award of the GWOTSM, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the GWOTSM.

4.  The applicant participated in the Persian Gulf War during a qualifying period for award of the KLM-KU awarded by the Government of Kuwait, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award.

5.  The applicant participated in three campaigns during his service in Southwest Asia during the Persian Gulf War; therefore, he is entitled to correction of his 
DD Form 214 to show three bronze service stars to be affixed to his already awarded Southwest Asia Service Medal.

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 the applicant's DD Form 214 be corrected by adding to the list of awards already on 


the DD Form 214 the ICM with two bronze service stars, the GWOTSM, the KLM-KU awarded by the Government of Kuwait, and three bronze service stars to be affixed to his already awarded Southwest Asia Service 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)                                         AR20090006053



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ABCMR Record of Proceedings (cont)                                         AR20090006053



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