BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020852 


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 conversion of his Global War on Terrorism Expeditionary Medal (GWOTEM) to the Iraq Campaign Medal (ICM).

2.  The applicant states the ICM was not available until after he was honorably discharged from the Oklahoma Army National Guard.  He further states he served in Iraq from 24 March 2003 to 7 March 2004 with the 1245th Transportation Company.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) 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.  After having had prior service, on 29 August 2002, the applicant enlisted in the Oklahoma Army National Guard.  He was trained in and award military occupational specialty (MOS) 95C (Corrections Specialist).

3.  The applicant was ordered to active duty on 11 February 2003 in support of Operation Enduring Freedom.  He served in Southwest Asia during the period of 24 March 2003 to 7 March 2004.  He was released from active duty on 5 April 2004, having completed 1 year, 1 month, and 25 days on active duty.

4.  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, Air Force Commendation Medal, Air Force Achievement Medal, Air Force Outstanding Unit Award (3rd Award), Air Force Organization Excellence Award, Air Force Good Conduct Medal (3rd Award), National Defense Service Medal (2nd Award), Humanitarian Service Medal, Air Force Longevity Service Award Ribbon, Air Force Training Ribbon, United States Air Force Small Arms Ribbon, Armed Forces Reserve Medal with "M" Device, Driver and Mechanic Badge with Driver-W Bar.  

5.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) of his NGB Form 22 list the same awards shown in paragraph 4 and the GWOTEM.

6.  A review of the applicant's record shows he is entitled to additional awards.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Iraq Campaign Medal.  Award of the ICM 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.  Effective 30 April 2005, the 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 ICM was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the lCM and the GWOTEM for the same act, achievement, or period of service.

8.  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 ICM for participation in each campaign.

9.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal (GWOTSM) to 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 GWOTSM 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.

10.  Army Regulation 600-8-22 provides that the 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command provided clarification on award of the Army Good Conduct Medal.  It stated that Reserve Component Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to convert his GWOTEM to the ICM was carefully considered and there is sufficient evidence to grant partial relief.

2.  The evidence clearly shows that the applicant served on active duty during qualifying periods for award of the GWOTSM, GWOTEM and the lCM with two bronze service stars, and he requested the ICM in lieu of the GWOTEM.  He also completed his first full term of active duty service, which entitles him to award of the Army Good Conduct Medal.  Therefore, his DD Form 214 ending on 5 April 2004 and his NGB Form 22 effective 21 August 2004 should be corrected to show these three medals.



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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal 1st Award (11 February 2003 through 5 April 2004);

	b.  Deleting the GWOTEM from his DD Form 214 for the period ending 5 April 2004 and from his NGB Form 22 for the period ending 21 August 2004; and

	c.  adding to his DD Form 214 for the period ending 5 April 2004 and to his NGB Form 22 for the period ending 21 August 2004 the:
 
* GWOTSM
* ICM with two bronze service stars
* Army Good Conduct Medal 1st Award



      ___________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)                                         AR20090020852



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ABCMR Record of Proceedings (cont)                                         AR20090020852



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