IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090012633 


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 award of the Iraq Campaign Medal with bronze service star, Global War on Terrorism Service Medal, and the Global War of Terrorism Expeditionary Medal.

2.  The applicant states that he did not receive these awards.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and two certificates for award of the Army Commendation Medal. 

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.  On 12 June 1995, the applicant enlisted in the Regular Army.  He complete his initial training and was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).

3.  On 5 December 1995, the applicant was assigned to Fort Hood, Texas, for duty as a power generation equipment repairer.  He was reassigned to 
Fort Benning, Georgia on 31 January 2000.

4.  On 16 September 2001, the applicant was assigned for duty with the 2nd Battalion, 9th Infantry Regiment, located in the Republic of Korea.  He served with this unit until his return to the United States on 14 October 2002, for duty at Hunter Army Airfield, Georgia.

5.  The applicant served in Iraq during the period from 26 January 2003 to 
16 July 2003.  

6.  On 30 November 2003, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 8 years, 
5 months and 19 days of creditable active duty service.

7.  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 Good Conduct Medal (two awards), National Defense Service Medal, Army Lapel Button, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge.  It does not show award of the Iraq Campaign Medal, Global War on Terrorism Service Medal, or the Global War on Terrorism Expeditionary Medal.

8.  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 1 day of eligibility].  This campaign medal may be awarded posthumously.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are prescribed for wear with this medal.  The Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM 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 GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement, or period of service.

9.  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 following two campaigns: Liberation of Iraq and the Transition of Iraq.  A bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 
28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Iraq Campaign Medal with bronze service star, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.

2.  The evidence clearly shows that the applicant served on active duty during qualifying periods for award of the Korea Defense Service Medal, Global War on Terrorism Service Medal, and the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to add these three awards.

3.  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.  Therefore, the applicant's request for this award should be denied.

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 Korea Defense Service Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service 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 award of the Global War on Terrorism Expeditionary 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)                                         AR20090012633





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ABCMR Record of Proceedings (cont)                                         AR20090012633



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