IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090014174 


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 that his records be corrected to show all authorized awards including the Armed Forces Expeditionary Medal, the "National Defense Ribbon," and the "Joint War on Terrorism Medal."

2.  The applicant states he served in Kuwait and Iraq from March 2003 to December 2003.  He needs the three aforementioned awards added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to qualify for a Federal government employment veteran's hiring preference.

3.  The applicant provides no supporting documentation. 

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 served on active duty in the Regular Army from 14 May 1998 through 13 May 2004 as an aircraft powerplant repairer.

3.  101st Airborne Division (Air Assault) Permanent Orders Number 182-32, dated 1 July 2003, awarded the applicant the Army Commendation Medal for exemplary service in Iraq from 19 March 2003 to 1 May 2003 while assigned to Company A, 8th Aviation Maintenance Battalion, 101st Airborne Regiment.

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) documents the following:

	a.  service in Alaska from 12 January 1999 through 11 January 2002 and

	b.  award of the Army Service Ribbon, the Aircraft Crewman Badge, the Overseas Service Ribbon, and the Army Good Conduct Medal.

5.  The DD Form 214 documents the following:

	a.  separation in the rank of sergeant;

	b.  foreign service of 3 years, 9 months, and 24 days; and

	c.  award of the Army Commendation Medal (2nd Award), the Army Good Conduct Medal (2nd Award), the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Aircraft Crewman Badge, and the Driver and Mechanic Badge (no bar is shown).

6.  A review of the applicant's pay records by the Defense Finance and Accounting Service shows the applicant received hazardous duty/imminent danger pay in Uzbekistan from 2 July 2002 through 21 November 2002 and in Kuwait from 3 March 2003 through 24 December 2003.

7.  The applicant's integrated Personnel Electronic Records Management System file is not up to date and contains no reference to any award or decoration other than one Army Commendation Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The 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.  Kuwait and Uzbekistan are both shown to be included in the area of operations for award of this medal.

	b.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

	c.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  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.

	e.  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 of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

	f.  The Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

	g.  The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved.

9.  Military Personnel Message Number 08-123 authorized award of bronze service stars for participation in each recognized campaign in Iraq to include the Liberation of Iraq from 19 March 2003 through 1 May 2003.

10.  The U.S. Army Human Resources Command Military Awards Branch web site titled, "Recently Approved Unit Awards," shows that during the period the applicant was assigned to the 8th Aviation Maintenance Battalion, 101st Aviation Regiment, the unit was cited for award of the Meritorious Unit Commendation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Kuwait and Iraq from March 2003 to December 2003.  He needs all authorized awards added to his DD Form 214.

2.  The applicant's Army Commendation Medal certificate shows service in Iraq from 19 March 2003 through 1 May 2003, a period during which the Iraq Campaign Medal is authorized.  Since this period is separate from the earlier period for which he was awarded the GWOTEM, it is appropriate to award the applicant the Iraq Campaign Medal with one bronze service star.

3.  There are no awards called the National Defense Ribbon or the Joint War on Terrorism Medal.  The National Defense Service Medal is the closest award corresponding to the term used by the applicant and the GWOTEM and GWOTSM were awarded for Global War on Terrorism service.  The applicant's DD Form 214 already lists all three of these awards.

4.  The AFEM is awarded for operations for which no other U.S. campaign medal is approved.  The GWOTEM is authorized for service in both Kuwait and Uzbekistan.  Therefore, award of the AFEM is not appropriate.

5.  In addition to the awards listed on the DD Form 214, the evidence shows that during the period the applicant was assigned to the 8th Aviation Maintenance Battalion, 101st Aviation Regiment, the unit was cited for award of the Meritorious Unit Commendation.  It is appropriate to correct his records to show this unit award.

6.  The applicant's record shows he has already been awarded the National Defense Service Medal, the GWOTEM, and the GWOTSM; therefore, no additional awards are warranted.

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 adding the Iraq Campaign Medal with one bronze service star and the Meritorious Unit Commendation to his DD Form 214.

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 any additional awards beyond those noted above.



      ____________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)                                         AR20090014174



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ABCMR Record of Proceedings (cont)                                         AR20090014174



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