IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090016120 


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 Global War on Terrorism (GWOT) awards and the Iraq Campaign Medal (ICM) be added to the awards listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 31 March 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, the awards in question were not authorized at the time of his release from active duty (REFRAD) and as a result were not included in his DD Form 214. 

3.  The applicant provides DD Forms 214, effective 29 November 1997 and 
31 March 2004, in support of his 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 initially enlisted in the Regular Army (RA) and entered active duty on 27 July 1995.  He served for 2 years, 4 months, and 3 days until being honorably REFRAD and transferred to the U.S. Army Reserve (USAR), in the rank of specialist (SPC), on 29 November 1997.  The DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Expert Marksmanship Qualification Badge with Pistol Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  

3.  On 27 December 2002, while serving as a member of the USAR, the applicant entered active duty in support of Operation Enduring Freedom.  He served in an active duty status until he was honorably released on 31 March 2004 and returned to his unit.  He had completed 1 year, 3 months, and 4 days of active duty service.  

4.  The DD Form 214 issued to the applicant on 31 March 2004 shows in item 
13 that he earned the following awards:  Army Achievement Medal (AAM), NDSM (2nd Award), Armed Forces Reserve Medal (AFRM) with "M" (Mobilization) Device, ASR, and Overseas Service Bar, (2nd Award).  Item 18 contains an entry confirming he served in Kuwait and Iraq from 6 February 2003 through 11 February 2004.  

5.  The applicant's records contain an award certificate that shows he was awarded the Army Commendation Medal (ARCOM) for meritorious service in support of Operation Enduring Freedom and Operation Iraqi Freedom during the period 27 December 2002 to 1 February 2004.  It further shows this award was authorized and announced in Headquarters, 800th Military Police Brigade, Camp Arifjan, Kuwait Permanent Orders 04-021-025.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on award of the ICM and states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Iraq from 19 March 2003, to a future date to be determined.  A campaign service is authorized with this award for each campaign a member is credited with participating in while serving in Iraq.  Iraq campaigns are as follows: Liberation of Iraq (19 March 2003 to 1 May 2003); Transition of Iraq (2 May 2003 to 28 June 2004); Iraqi Governance (29 June 2004 to 15 December 2005); and National Resolution (16 December 2005 to a date to be determined).

7.  Paragraph 2-18 of the awards regulation contains guidance on award of the GWOTEM.  It states, in pertinent part, that it is authorized for service in support of Global War on Terrorism Operations in a designated area of eligibility (AOE) for 30 consecutive or 60 non-consecutive days during the from 11 September 2001, to a future date to be determined.  Kuwait and Iraq are designated AOEs.

8.  Paragraph 2-19 of the same regulation contains guidance on award of the GWOTSM and states, in pertinent part, that it is authorized for service of 30 consecutive or 60 non-consecutive days outside of a designated AOE from 
11 September 2001, to a future date to be determined.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 13 state, in pertinent part, to list awards and decorations for all periods of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 
27 December 2002 through 31 March 2004, and that more than 30 consecutive days of this service from 11 February 2004 through 31 March 2004 was served outside of a designated AOE.  Therefore, he is eligible for the GWOTSM, which should be added to his record and DD Form 214 at this time.  

2.  The evidence of record also shows he served in Kuwait for more than 
30 consecutive days from 6 February 2003 through 18 March 2003, and in Iraq from 19 March 2003 through 11 February 2004.  Therefore, he is also eligible for the GWOTEM and ICM with 2 campaign stars, which should also be added to his record and DD Form 214 at this time.  

3.  The applicant's record also shows he was awarded the ARCOM for his meritorious service in support of Operations Enduring and Iraqi Freedom for the period 27 December 2002 to 1 February 2004.  Therefore, it would be appropriate to add this award to his DD Form 214. 







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 amending item 13 of his 31 March 2004 DD Form 214 by adding the Army Commendation Medal, Iraq Campaign Medal with 2 campaign stars, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism 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)                                         AR20090016120



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ABCMR Record of Proceedings (cont)                                         AR20090016120



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