IN THE CASE OF:	

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013117 


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, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and any other medals to which he is entitled as a result of his deployment to Iraq.

2.  The applicant states, in effect, that he served in Iraq in support of Operation Iraqi Freedom during the period 13 February 2003 through 14 December 2003.  He states that he did not receive any of the medals to which he is entitled as a result of his deployment to Iraq.  No awards affiliated with Operation Iraqi Freedom had been designated prior to his release from active duty.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence 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 record shows he enlisted in the Regular Army and entered active duty on 4 January 2001.  The applicant completed basic combat training and advanced individual training (AIT).  Upon completion of AIT, he was awarded the primary military occupational specialty 13C (Tactical Fire Operations Specialist).  The highest rank/grade the applicant achieved while serving on active duty was the rank of specialist/pay grade E-4.  On 3 January 2004, the applicant was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas for a cumulative total of 8 months and 2 days.  Item 18 (Remarks) of this form shows the applicant served in support of Operation Iraqi Freedom during the period 13 February 2003 through 14 December 2003, a total of 10 months and 2 days.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded or authorized the Army Commendation Medal (2nd  Award), the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  This form does not show award of the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, or the Global War on Terrorism Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides 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 Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future 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 the Global War on Terrorism Service Medal.

6.  Army Regulation 600-8-22 provides that the Global War on Terrorism Expeditionary Medal 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.

7.  Army Regulation 600-8-22 provides that 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 nonconsecutive 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; and

	c.  participate 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.  Department of the Army Military Personnel Message 08-123 issued on 30 April 2008 provided guidance on the criteria, applicability, and standards for awarding and wearing of bronze service stars on the Afghanistan Campaign Medal and the Iraq Campaign Medal.  This message shows, in pertinent part, that during the applicant's tour of duty in Iraq he completed a qualifying period of service during two campaigns:  Liberation of Iraq (19 March 2003 through 1 May 2003) and Transition of Iraq (2 May 2003 through 28 June 2004).

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

10.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states, "Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a temporary change of station/temporary duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an isolated area where a tour length has not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in a permanent change of station status.  To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulation, Volume 1.  You will not find a tour length for Iraq."

11.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  A review of the applicant's service record also shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all period of service should be entered in item 13 of the form; and 

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal were carefully considered.

2.  The evidence shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

3.  The evidence shows the applicant served a qualifying period of service in the area of eligibility prior to the start of Operation Iraqi Freedom for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

4.  The evidence shows the applicant served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns. 
Therefore, the applicant is entitled to correction of his records to show the Iraq Campaign Medal with two bronze service stars.

5.  The evidence shows the applicant served in Iraq for a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, the applicant is entitled to correction of his record to show this service ribbon.

6.  The evidence of record confirms the applicant served honorably on active duty during the period 4 January 2001 through 3 January 2004.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or any court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 4 January 2001 through 3 January 2004 and to correct his records to show this award.

7.  Item 18 of the applicant's DD Form 214 shows he served in support of Operation Iraqi Freedom during the period 13 February 2003 through 14 December 2003, a total of 10 months and 2 days.  Item 12f of this form incorrectly shows the applicant served overseas for a cumulative total of 8 months and 2 days.  Therefore, the applicant is entitled to correction of item 12f of his DD Form 214 to show he completed a total of 10 months and 2 days of foreign service.


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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 2001 through 3 January 2004;

	b.  deleting the current entry in item 12f of his DD Form 214 and adding the entry "0000 10 02";

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), the Iraq Campaign Medal with two bronze service stars, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Overseas Service Ribbon; and

	d.  providing the applicant a correction to his DD Form 214 to show these changes.



      ___________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)                                         AR20090013117



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ABCMR Record of Proceedings (cont)                                         AR20090013117



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