BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090013261 


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 Global War on Terrorism Service Medal and his service in Iraq. 

2.  The applicant states that he served in Kuwait/Iraq after 11 September 2001 and should be entitled to award of the Global War on Terrorism Service Medal and have his service in Iraq recorded on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 18 March 2004, 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 U.S. Army Reserve (USAR) for a period of 8 years on 20 August 1999.  He subsequently entered active duty for training (ADT) on 26 October 1999, completed basic combat and advanced individual training, and was awarded military occupational specialty 74B (Information Systems Operator/Analyst).  He was released from ADT to the control of his USAR unit on 24 May 2000.  He was assigned to the 19th Corps Materiel Management Center, Arden Hills, MN.  

3.  On 9 February 2003, the applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom.  He subsequently served in Kuwait and Iraq from 9 February 2003 to 8 February 2004.  He was honorably released from active duty on 18 March 2004.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Reserve Components Overseas Training Ribbon.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in a designated imminent danger pay area (Kuwait) from 9 February 2003 to 8 February 2004. 

6.  Army Regulation 600-8-22 (Military Awards) 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. 

7.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  Headquarters, 19th Materiel Management Center, Arden Hills, MN, memorandum, dated 20 June 2006, shows that during his deployment to Kuwait/Iraq, the applicant's unit was awarded the Meritorious Unit Commendation for service from 19 March 2003 to 28 February 2004. 

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

10.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

11.  Army Regulation 600-8-22 states 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. The general 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.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  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.  engage 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.  be is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 

	c.  participate 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. 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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s Enlisted/Officer Record Brief.  Additionally, the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant served in Kuwait and Iraq from 9 February 2003 to 8 February 2004, a qualifying period for award of the Global War on Terrorism Service and Expeditionary Medals which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of records shows the applicant served in Kuwait and Iraq from 
9 February 2003 to 8 February 2004.  This period of service is sufficient for award of the Overseas Service Ribbon which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  Headquarters, 19th Materiel Management Center, Arden Hills, MN, memorandum, dated 20 June 2006, shows that during his deployment to Kuwait/Iraq, the applicant's unit was awarded the Meritorious Unit Commendation for service from 19 March 2003 to 28 February 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The applicant served in Kuwait and Iraq from 19 March 2003 to 28 February 2004.  However, his DD Form 214 shows he only served in Kuwait during this period.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Kuwait and Iraq.  

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.  deleting the entry "Served in Kuwait 20030209 - 20040208" and adding the entry "Service in Kuwait/Iraq 20030209 - 20040208"; 

	b.  adding to his DD Form 214 the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Overseas Service Ribbon, and the Meritorious Unit Commendation.  



      _______ _   _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)                                         AR20090013261



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ABCMR Record of Proceedings (cont)                                         AR20090013261



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